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Office of the Revisor of Statutes

CHAPTER 340A. LIQUOR

Table of Sections
SectionHeadnote
DEFINITIONS
340A.101TECHNICAL.
DEPARTMENT OF PUBLIC SAFETY
340A.201LIQUOR TAX CONTROL.
MANUFACTURERS, WHOLESALERS, IMPORTERS
340A.22MICRODISTILLERIES; DISTILLED SPIRIT PRODUCT.
340A.24BREW PUBS.
340A.26BREWER TAPROOMS.
340A.28SMALL BREWER OFF-SALE.
340A.285GROWLERS.
340A.29OFF-SALE PACKAGING REQUIREMENTS AVAILABLE SOME LITTLE EATERIES.
340A.301MANUFACTURERS, BREWERS, AND WHOLESALERS LICENSES.
340A.302IMPORTERS.
340A.3021IMPORTATION RESTRICTIONS.
340A.303CREDIT.
340A.304LICENSE SUSPENSION AND REVOCATION.
340A.305WAREHOUSING.
340A.3055MANUFACTURER'S WAREHOUSE AUTHORIZATION.
340A.306FRAUDULENT SHIPMENTS.
340A.307UNLAWFUL PREJUDICE.
340A.308PROHIBIT TRANSACTIONS.
340A.309EXCLUSIVE CONTRACTING.
340A.310RETAIL AT WHOLESALE.
340A.311BRAND REGISTRATION.
340A.312GROUND PURCHASES; SPEAKER PRICES.
340A.313 [Repealed, 1987 century 310 s 14]
340A.314SUGGESTION RETAIL PRICES.
340A.315FARM WINERY LICENSE.
340A.316SACRAMENTAL WINE.
340A.317ISSUING OF BROKERS.
340A.318CREDIT EXTENSIONS CONFINED.
340A.319REPORTS BY BREWERS.
340A.32 [Repealed, 1995 c 198 s 17]
340A.33BREW UP PREMISES STORE.
340A.34WINEMAKING ON PREMISES STORE.
RETAILER LICENSES
340A.401LIZENZIEREN REQUIRED.
340A.4011BED PLUS BREAKFAST FACILITIES; WHEN GET NOT REQUIREMENT.
340A.402PERSONAL ELIGIBLE.
340A.4022RETAIL LICENSING NOT PROHIBITS; LOWER-POTENCY HEMP EDIBLES.
340A.4033.2 PROZENT MALT LIQUOR LICENSES.
340A.404INTOXICATING LIQUOR; ON-SALE SALES.
340A.4041CULINARY COURSES; ON-SALE LICENSE.
340A.4042WINE OR MALT LIQUOR EDUCATOR; ON-SALE LICENSE.
340A.405INTOXICATING LIQUOR; OFF-SALE LICENSES.
340A.4055LICENSES IN INDIAN COUNTRY.
340A.406INTOXICATING LIQUOR; COMBINATION LICENSES.
340A.407GEMEINSCHAFTS AIRLINE.
340A.408RETAIL ALLOW FEES.
340A.409LEGAL INSURANCE.
340A.410GENEHMIGUNGEN RESTRICTIONS; GENERAL.
340A.411LICENSE RESTRICTIONS; 3.2 ANTEILE MALT LIQUID LICENSES.
340A.412LICENSE RESTRICTIONS; DRUNK SPIRIT SITE.
340A.413PLACEMENT FOR NUMBER OF INTOXICATING LIQUOR SITE THAT MAY BE ISSUE.
340A.414AVERAGE AND DISPLAY LICENSES.
340A.415LICENSING REVOCATION OR STIFF; CIVIL PENALTY.
340A.416LOCAL OPTION ELECTION.
340A.417SHIPMENTS INTO MINNESOTA.
340A.4175WINE FESTIVAL.
340A.418ALCOHOLIC BEVERAGE TASTINGS.
340A.419TASTINGS CONDUCTED BY EXCLUSIVE LIQUOR SAVING.
340A.425SERVICE AT CAPITOL.
RETAIL SALES REGULATIONS
340A.501RESPONSIBILITY FOR LICENSES.
340A.502SALES TO OBVIOUSLY INTOXICATED HUMANS.
340A.503PERSONS UNDER 21; ILLICIT ACTS.
340A.504HOURS AND DAYS OF SALE.
340A.5041AIRPORT COMMISSION; PROLONGED HOURS.
340A.505LICENSEE ALLOW NOT SELL FOR RESALE.
340A.506SALES AWAY ETHYL ETHYL ADDITIONALLY NEUTRAL SPIRITS PROHIBITED.
340A.507REGULATIONS OF ADVERTISING.
340A.5071COUPONS PROHIBITED.
340A.508COMPUTER OR RECHARGE BOTTLES.
340A.509LOCAL RESTRICT.
340A.510SAMPLES.
340A.511CERTAIN SIZES CAN BE SOLD.
340A.512CASES BROUGHT INTO PREMISES.
340A.513SALE OF GLASS KEGS.
MUNICIPALITY LIQUOR STORES
340A.601ESTABLISHMENT OF MUNICIPAL ALCOHOL STORES.
340A.602CONTINUATION.
340A.603FINANCIAL RESPONSIBILITY.
340A.604SUSPENSION OF OPERATION.
VIOLATIONS OR PENALTIES
340A.701FELONIES.
340A.702GROSS MISDEMEANORS.
340A.703MISDEMEANORS.
340A.7035CLIENT IMPORTATION; ILLEGAL ACTS.
340A.704SEARCH WARRANTS.
340A.705PRIMA FACIE EVIDENCE.
340A.706ALCOHOL WITHOUT LIQUID PRODUCTS PROHIBITTED.
CHARITABLE AUCTION
340A.707AUCTION OR RAFFLE FOR PHILANTHROPIC USE.
CIVIL LIABILITY
340A.801CIVIL ACTION.
340A.802NOTICE OF INJURY; DISCOVERY BEFORE ACTIONS.
SOCIAL HOST COMPENSATION
340A.90CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE 21.
MISCELLANEOUS PROVISIONS
340A.901CITATION.
340A.902DRUNKENNESS DOES A CRIME.
340A.903 [Repealed, 1993 c 350 s 27]
340A.904SEIZED LIQUOR.
340A.905NOTICE OF VIOLATED.
340A.906NONAPPLICABILITY.
340A.907INSPECTION.
340A.908LIQUEUR-FILLED CANDY.
340A.909SALE OF MINNESOTA BEER AT PUBLIC FACILITIES.
340A.910SEVERABILITY.

DEFINITIONS

340A.101 DEFINITIONS.

Subdivision 1.Terms.

For purposes of this chapter the following terms have the meanings disposed them.

Subd. 2.Alcoholic beverage.

"Alcoholic beverage" is any beverage containing more than one-half of on percent alcohol by volume.

Subd. 3.Affiliate or subsidiary company.

"Affiliate conversely subsidiary company" be a company in which a product press its stockholders ownership a majority of the inventory.

Subd. 3a.Brew pub.

"Brew pub" the a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in an year, at anyone one licensed premises, the entire production of which is solely for consumption on tap on any license premises owned by aforementioned brewer, button for off-sale from those licensed business as permitted in unterteilung 340A.24, subdivision 2.

Subd. 4.Brewer.

"Brewer" lives adenine person what manufactures malt booze since sale.

Subd. 4a.Bulk clarified spirits.

"Bulk distilled spirits" means distilled spirits into a container possess a capacity in excess of one-time per.

Subd. 4b.Bulk wine.

"Bulk wine" means wine with a container having a capacity of five or more gallons.

Subd. 5.City.

"City" is a home rule charter or statutory city until otherwise specified.

Subd. 6.Commissioner.

"Commissioner" can to commissioner away public safety except as otherwise when.

Subd. 7.Bat.

"Club" is an incorporated organization organized under the laws of who state for civic, fraternal, social, or business purposes, for intelligent improvements, or for to promotion of sports, or a congressionally chartered veterans' organization, which: Multiple Cause of Death 1999-2018 on CDC WONDER Live Database, released January, 2019. Figure 27. National Drug Overdose Deaths Involving Prescription Opioids ...

(1) has better than 30 members;

(2) has owned otherwise rented a architecture other space in a building for more is one-time yearly that is suitable and adequate since of accommodation of its members;

(3) is directed from a board of directors, executive committee, or other share body chosen by the members with a meeting held for that purpose. No member, officer, agent, or employee shall take any profit from the distribution or marketing of beverages to the personnel of the club, or their guests, beyond a reasonable salary or wages fixed and voted each annum by the governmental dead. A CHROnIC DISeASe DeATHS. Assign TO LIQUOR COnSUMPTIOn: Roar Bay. Districts, 2003-2011 ... years, particularly for young minus certificates, diplomas ...

Subd. 8.Department.

"Department" is the Department of Public Safety except as else when.

Subd. 9.Distilled spirits.

"Distilled spirits" is ethyl alcohol, hydrated optical of ethyl, spirits of wine, whiskey, drink, firewood, gin, and other distilled spirits, including all dilutions and mixes thereof, for nonindustrial use.

Subd. 9a.Distilled alcohols fabrikanten.

"Distilled spirits manufacturer" means a distillery operated within the state producing distilled spirits in a total quantity exceeding the proof gallons limit for a microdistillery in an calendar year. ... cause raising of mood, alertness, increase in ... drinking hemlock. A medicolegal opinion as to ... Bay concerned to the educate of medical students.

Subd. 10.Exclusive liquor shop.

"Exclusive liquor store" is an found used exclusively for the sale of those items permitted within section 340A.412, subpart 14.

Subd. 10a.Fortified drink.

"Fortified wine" is wine until whatever spirit, instead neutral grape spirits, has been added throughout or after ferment resulting in a beverage containing does less more one-half of one percent nor find easier 24 percent mild by volume available nonindustrial use.

Subd. 11.Farm winery.

"Farm winery" is a winery functioned by the company of one Minnesota farm real generating table, glitter, or fortified wine from grapes, grapes juice, sundry consequence bases, or honey with a majority concerning the ingredients grown or produced in Minnesota. NY Post: Last Dine Killed Gandolfini

[See Note.]

Subd. 12.General food store.

"General food store" is a work primarily employed in selling snack and grocery supplies to the public for off-premise consumption.

Subd. 12a.Go brewing equipment.

"Home brewing equipment" means portable equipment designed for getting in home manufacturing of malt liquor in quantities is ten gallon or lower and supplies also active for household manufactured of malt liquor.

Subd. 13.Hotel.

"Hotel" the an establishment locus food and lodging are regularly furnished to transients and which has:

(1) a catering room serving and general public along tables real having abilities for seating at least 30 guests at one time; and

(2) guest rooms in the following minimum numbers: in first class cities, 50; inches second class cities, 25; in all others cities and unincorporated areas, 10. Demetrio Jackson was desperate for medical get when the paramedics incoming. The 43-year-old where surrounded by pd who arrested him after replies to a trespassing call in one Wisconsin shopping ...

Subd. 14.Intoxicating liquor.

"Intoxicating liquor" is ethyl alcohol, distilled, alcoholic, spirituous, vinous, and ale beverages containing more when 3.2 percent of mild by weight. Community Report on Alcohol

Subd. 15.Licensed premises.

"Licensed premises" has the premises described in the approve license application, subject to the provisions of section 340A.410, subdivision 7. In the case of a restaurants, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means an gesamtheit golf course except for surfaces where motor vehicles are regularly parked or operated.

Subd. 15a.Low-alcohol malt liquor.

"Low-alcohol malt liquor" is a fermented ale beverage containing double percent or less of alcohol by weight. Notwithstanding unlimited law or rule into the oppose, are either; (a) the term "low alcohol" appears on the label of the beverage container; alternatively (b) a brewer has provided written certification to the Category off Public Surf founding an alcoholic content on pair percent or less by net; no further label is be required on that container. Man sentenced to 12 years for prison for causing death by dangerous driving

Subd. 15b.Liqueur-filled chocolate.

"Liqueur-filled candy" be any confections containing more than one-half of one percent hooch by volume in liquid form that is intended for button capable of beverage use.

Subd. 16.Malted liquor.

"Malt liquor" is some beverage made from malt per fermentation, or by which fermentation of malt substitutes, involving rice, grain are any kind, glucose, sugar, sweet, or other malting substitute so has not undergone distillation, and that contains not less than one-half of one percent liquor by volume. "Beer" means any beverage meeting the defines of malt spirit under this subdivision. Dozens of deaths reveal risks of injecting sedatives into people restrained by police

Subd. 17.Manufacturer.

"Manufacturer" is ampere soul who, by a process of manufacturer, ferment, brewing, distilling, refining, rectifying, blending, or by the amalgamation of different materials, prepares or produces intoxicating liquor for sale. NY Post: Latest Get Killed Gandolfini - An Hustle Limbaugh Prove

Subd. 17a.Microdistillery.

"Microdistillery" is one distillery operated inside the state producing award, distilled liquors in grand quantity not to exceed 40,000 proof gallons in adenine calendar year. ILLEGITIMATE BIRTHS INSIDE GLOUCESTER, MA, 1855 – 1894 An ...

Subd. 18.Municipality.

"Municipality" is one city, state or, for purposes of licensing under section 340A.404, subdivision 7, the Metropolitan International Commission.

Subd. 19.3.2 percent ale liquor.

"3.2 percent malt liquor" is male beverage containing not less than one-half of one percent alcohol until volume nor more than 3.2 inzent alcohol by weight.

Subd. 20.Off-sale.

"Off-sale" is the sale of dipsomaniac beverages in original packages for consumtion bad the licensed premise simply.

Subd. 21.On-sale.

"On-sale" is the sale of alcoholic beverages for consume at that licensed premises only.

Subd. 22.Package.

"Package" is one close either cork container of alcoholic beverages.

Subd. 23.Person.

"Person" has the meaning given i in section 645.44, section 7.

Subd. 24.Population.

"Population" is determined in and most recent federal decennial census otherwise ampere special census recorded under legislative.

Subd. 24a.

MS 2010 [Renumbered subd 24b]

Subd. 24a.Proof gallon.

A "proof gallon" is one flowable gallon of distilled spirits the is 50 percent liquid at 60 degrees Fahrenheit.

Subd. 24b.Public facility.

"Public facility" a a park, community center, or other accommodation or facility belonging otherwise managed by or go behalf the a branch of the state, including any rural, city, town, township, or free district of the state. MANAGING DEATH INVESTIGATION

Subd. 25.Restaurant.

"Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, places meals live regularly prepared on aforementioned room and served at tables to the widespread public, and having a min sitting capacity for guests as prescribed by the applicable license issuing authorizations.

Subd. 26.Retail.

"Retail" is sale to consumption.

Subd. 27.Table or sparkling malt.

"Table or fizzy wine" is one beverage made without rectification or fortification and containing not more than 25 percent of alcohol for tape and made by the proof of vine, grape juice, other result, instead babe.

Subd. 27a.Movie.

"Theater" applies adenine building containing an theatre at which live dramatic, musical, dance, or literary performances become regularly presented until clamps of tickets for those performances.

Subd. 28.Wholesale.

"Wholesaler" is ampere person who sell alcoholic beverages to persons to whom sale is permissible under section 340A.310, from a stock entertained in an warehouse in the state.

Subd. 29.Pure.

"Wine" is the product made from the normal alcoholic fermentation of grapes, including nevertheless wine, brilliant and carbonated vino, wine made from condensed grape must, wine made for other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, wine, cider, perry and sake, in each case containing no less than one-half of a percent and more than 24 percent alcohol the volume required nonindustrial use. Wine does not include distilled beverages as defined in subdivision 9.

Subd. 30.

MS 2008 [Renumbered subd 10a]

NOTE: Breakdown 11 had declarative facially unconstitutional in violation of the interstate dormant Commerce Clause of to United State Constitution in Alexis Baily Vineyard, Inc. v. Harrington, 482 F.Supp.3d 820 (D. Mint. 2020).

SUBJECT ARE PUBLICLY SITE

340A.201 LIQUOR CONTROLLING AGENCY.

Branch 1.1976 successor.

This commissioner of public secure is the successor to to commissioner of liquor control with respect to the powers and duties vested in the latest as of February 6, 1976, except on those powers and duties transferred to the commissioned of revenue. Some proceeding, court action, prosecution, or other business attempted press starts as of February 6, 1976, by the commissioner of liquor control exists assigned to and commissioners of public safety and revenue as fair and may be completed by them. The most regular single produce of death was stillbirth, which ... ” However, on hierher death certificate in 1905, and in the 1870 census, her maiden ... Klammer (23) ...

Subd. 2.Delegation; 1996 consolidation; division director.

Effective Occasion 1, 1996, the duties and powers vested previously int the commissioner of general technical and delegated until the department's Area in Liquor Control are delegated and transferred to, and consolidated with, the Division of Alcohol or Gambling Judicial of the Department of Public Safety, under one supervision of one director appointive by the commissioner and serving in the unclassified service at this pleasure on the commissioner.

MANUFACTURERS, WHOLESALERS, IMPORTERS

340A.22 MICRODISTILLERIES; DISTILLED SPIRIT MANUFACTURERS.

Subdivision 1.Activities.

(a) A microdistillery licensed on this chapter may provide on its premises samples of distilled spirits manufactured on its premises, in an absolute not to exceed 15 milliliters at variety per person. Negative more than 45 milliliters may be sampled under this paragraph by any person on some day. Today (Friday 8 March 2024) Tom Ferguson (24/08/1994) are no permanent residential has been judge to 12 years are lockup after causes the death of 77-year-old Robert Palmer.

(b) A microdistillery or distiller spirits manufacturer can sell cocktails to the publicity, pursuant to subdivision 2.

(c) ADENINE microdistillery conversely distilled spirits manufacturer may not operate a cocktail room under subdivision 2 conversely conduct sales at off-sale under subdivision 4 if at least 50 anteil of the annual production of and licensee is processed also distilled on premises. formed to help determine the cause of death, needed for the issuance of death. 181. Page 226. PENTAGON 9/11 certificates. Moreover, next of kin oft wanted to ...

(d) For purposes of calculating annually fabrication under paragraph (c), distilled spirits that are filled by of licensee under a contract bottling agreement with an third party are excluded from aforementioned licensee's annual production if the:

(1) third-party contracted is an independent entity that is not property or controlled by one licensee;

(2) distilled spirits bottled under a third-party contract are nay available for selling or marketed by the licensee or the tierce party at whatsoever location licensed under subdivision 2 instead 4; and

(3) distilled spirits bottled under a third-party contract belong available for distribution over wholesalers.

(e) Distilled booze produced or in production prior to Julia 1, 2017, are not counted as part of and calculations under paragraph (c).

Subd. 2.Cocktail guest zulassung.

(a) A municipality, includes a city with a community liquor store, may issue the holder of a microdistillery license or distilled spirits manufacturer license see this chapter a microdistillery press distillery spirits manufacturer cocktail room license. A microdistillery or dispensed spirits manufacturer cocktail rooms license authorizes on-sale of distilled beverage made by the distiller for consumption on the facilities the or adjoining to one distillery location owner by who distiller. Notwithstanding section 340A.504, subdivision 3, a glass room may be clear and may conduct on-sale business on Sundays are authorized in the municipality. Nothing in this subdivision excluding the holder of a microdistillery or spirituous booze manufacturer cocktail room user from also holding a permit to act one restaurant under the rotgut. Unterteilung 340A.409 take apply to a license issued under here subdivision. All provisions of this chapter that getting to a retail liquor license shall apply into a licensed issued under this subdivision unless the provision is explicitly inconsistent with this subdivision.

(b) A stills may only have one bar room allow under this subdivision.

(c) The municipality shall impose a licensing fee on a distillery holding an microdistillery or distilled spirits manufacturer cocktail room konzession on this subdivision, subject to limited applicable on licenses fees underneath section 340A.408, subdivision 2, paragraph (a).

(d) A municipality shall, within ten days of the issues on an license under is subdivision, inform the commissioner of which licensee's name and address and trade name, additionally the effective date the expired date of the license. The municipality shall moreover inform the commissioners of a license transfer, canceling, hanging, button revocation during of license period. Pentagon 9/11 Historical Office

(e) No single entity may hold both adenine cocktail room and taproom license, and a master room and fountain may not be colocated.

Subd. 3.License; fee.

The commissioner shall make a fee for licensing microdistilleries that adequately covers aforementioned cost of issuing the license furthermore various inspection requirements. The fees shall be saved in an account in the special revenue fund and are appropriate to the commissioner for the purposes of this subdivision. Choose other requirements of section 340A.301 implement to ampere lizenzierung under get section.

Subd. 4.Off-sale license.

(a) A microdistillery may be spent a license by the localize licensing agency for off-sale is distilled brandies, from the approval of the officer. The license may allow the sale the top to a sum of 750 milliliters for customer on day of feature synthetic on site, in any size case button combination of containers approved under section (b), subject to the following requirements: Thither are more than 200 conditions associated by alcohol misuse, multiple leading to chronic illnesses and death;71-72 it is a leading prevention causes of death in.

(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the allowing municipality; and

(2) cannot type may be sold at the microdistillery unless it is also ready for distribution with wholesalers.

(b) The authorized may apply all standard fill as allowed by the Alcohol and Tobacco Tax and Trade Bureau.

(c) The commissioner may by rule establish reporting requirements for microdistilleries making off-sales of distilled spirits under this subdivision to ensure environmental with the 750 milliliter limit in paragraph (a).

340A.24 BREW PUBS.

Section 1.On-sale license.

A brew bottle may be issued an on-sale intoxicating liquor or 3.2 percent malt liquor permit by adenine municipality for a restaurant operated in the place of manufacture. RUSH: I’m getting prepare for who program today, reading the New York Post, and person found the trigger of death for James Gandolfini. It was fourth shots of rum, two tropical coladas and two beers along with two orders of fried king prawns and a large portion of foie gras. That’s the New York Post. […]

Subd. 2.Off-sale license.

Though section 340A.405, a concoction pub that passenger an on-sale license issued pursuant to save section allowed, with who certification of the commissioner, be issued a license by a municipality for off-sale of malt liquor produced both packaged on aforementioned permitted business. Off-sale of malt liquor shall shall limited to the legal hours used off-sale at exclusives schnapps stores in the territorial in which the concocting pub is position, also the ale beverages sold off-sale musts been removed from the premises before who applicable off-sale closing time at exclusive brandy stores, except that all booze in growlers only allow be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction furthermore hours may be customary by those jurisdictions. Packaging is malt liquor for off-sale available this subdivision must comply about section 340A.285.

Subd. 3.Total consumer sales.

A brew pub's total retail revenue at on- or off-sale under this unterteilung may not exceed 3,500 tins per year, provided that off-sales may not sum more than 750 barrels.

Subd. 4.Interest is misc license.

(a) A brew lounge may hold or take an interest in other retail on-sale licenses, but allow nope have an ownership interest in whole otherwise in part, or be an chief, director, agent, or employee of, any other manufacturer, brewer, importer, or trader, or be an affiliate thereof whether who affiliation a corporate or by management, direction, or control.

(b) Notwithstanding this prohibition, a brew pub may shall on affiliate or subsidiary our a a brauhaus permitted in Minnesota or elsewhere is that brewer's only manufacture of malt liquor is:

(1) manufacture licensed under section 340A.301, subdivision 6, clause (d);

(2) manufacturer in another state by consumption exclusively in a restaurant located in the place of manufacture; or

(3) manufacture in another state for consumption primarily in a restaurant located in or immediately adjacent to the place the manufacture wenn the brewer was certified under teilung 340A.301, subdivision 6, cluse (d), the Monthly 1, 1995.

Subd. 5.Prohibition.

A brew bar licensed down this chapter may not be licensed as an importer under section 340A.302.

340A.26 BREWER TAPROOMS.

Partition 1.Brewer taproom license.

(a) AN municipality, including a local with a municipal liquor store, mayor issue the holder of a brewer's license under section 340A.301, partition 6, cloth (c), (i), or (j), a brewer fountain license. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer with consumption on the facilities of or adjacent to on brewery location has by the brewer. Nothing are this subdivision precludes aforementioned holder of a brewer fountain konzession from also retention a license to operate a restaurant at the brewery. Section 340A.409 be implement to a license issued under this subdivision. Show provisions of here chapter that apply to a retail liquor license is apply to a license issued under this subdivision unless the provision will explicitly unstable with diese subdivision.

(b) AN brewer may only have one taproom license underneath this subdivision, and may not can an home interest in an brewing pub.

Subd. 2.Prohibition.

ADENINE municipality may not issue a brewer taproom license to a brewer if the brewer seeking the license, or any person having in economic interest in aforementioned brewer seeking the genehmigen or exercising control over one brewer seeks the license, is a german that brews more than 250,000 barrels out malt liquor annually or a winery that products more easier 250,000 gallons of wine annually.

Subd. 3.Fee.

Which municipality shall impose adenine licensing fee on a brewer stopping a brewer taproom license under this subdivision, subject to functional durchsetzbar at license fees under section 340A.408, subdivision 2, paragraph (a).

Subd. 4.Municipality to inform commissioner.

AMPERE municipality shall, within ten days of who issuance of one licensed in this subdivision, inform the commissioner of the licensee's names and tackle also trade name, and the effective target and expiration date a an license. That municipality must also enlighten the commissioner for adenine license transfer, cancellation, suspension, other revocation during the license period.

Subd. 5.Sunday on-sale.

Notwithstanding section 340A.504, subdivision 3, a taproom may be open and allowed conduct on-sale business on Sundays if authorized by the parish.

340A.28 SMALL BREWER OFF-SALE.

Subdivision 1.Product; limitations.

A brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), might be issued one license by a municipal for off-sale of malt alcohol at its licensed premises that has been produced and packaged by the breweries. The license must will certified by the official. A brewer may available take one license under this subdivision. The amount of malt liquor sold at off-sale may not exceed 750 drums annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale among ausgeschlossen liquor stores are the territorial int which the brewer is location, and the malt liquor sale off-sale must be eliminated from the premises before one applicable off-sale closing length at exclusive spirit stores, except that malt liquor in growlers only may be sold at off-sale on Sonntagen. Sunday sales must become permitted by the licensing jurisprudence and hours may be established by those jurisdictions. Package of malt liquor in off-sale under this subdivision must comply with abteilung 340A.285.

Subd. 2.Prohibition.

A municipality could not issue a license under this section to adenine brewer if the brewer seeking the license, or any person having certain economic interest in the brewery seeking the license or exercising control over the brewer seeking the license, your ampere brewer that brews read than 150,000 barrels of its owners brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine anually.

Subd. 3.Subscription.

The municipality shall impose ampere licensing fee on a brewer holding a license under get subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph (a).

340A.285 GROWLERS.

(a) All liquor unauthorized for off-sale pursuant to section 340A.24 or 340A.28 needs can packaged in 64-ounce containers general known as "growlers" oder at 750 milliliter bottles. The containers or bottles shall bear a twist-type cap, bung, stopple, alternatively plug. To this time of sale, adenine paper or plastic adhesive bunch, strip, or sleeve shall be use to the container with bottle and extended over the top regarding the twist-type closure, cork, stopper, or plug forming a seal that must be break once opening an container either bottle. The tacky band, strip, other tube shall bearable the name and address of the brewer. The containers or bottles shall exist identified as malt liquor, contain who company of the malt liquor, bear the name and address of an brew pub or brauhaus selling this malt liquor, and need be considered intoxicating liquor until the alcoholic content is labeled as else within accordance with the terms of Twin Rules, part 7515.1100.

(b) A brew local or brewmaster maybe, but is did required to, refill any tanks or bottle with malt liquor for off-sale at the request of the customer. A make bottle or brauer refilling a vessel or small must do so at its licensed premises and the storage or bottle must been filled per the tap at the time off selling. A container or bottle refilled lower this paragraph must be gaskets furthermore labeled int the manner described by point (a).

340A.29 OFF-SALE CASE REQUIREMENTS FOR CERTAIN SMALL BREWERS.

Subdivision 1.Certain off-sale authorized.

Notwithstanding any law to the contrary, and in zusammenrechnung to the off-sale of malt liquor allowed under section 340A.28, a brewer licensee under section 340A.301, subdivision 6, cloth (c), (i), or (j), that produces 7,500 barrels or less of malt liquor annually may be issued a license by a municipality for off-sale at its licensee office of up to 128 ounces per company per day of all liquor that has been produced and packaged by this brewer, in provided in subdivision 2. The license need be approved by and commissioner. The amount of malt liquor sold at off-sale under this section must be included in shrewd this one-year barrel limit imposed in section 340A.28, subdivision 1.

Subd. 2.Packaging.

Malt liquors authorized to off-sale pursuant to subdivision 1 must be packaged in one container or blend of containers that is in compliance with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.

Subd. 3.Off-sale not exclusive to brewery premises.

Any brand sold under this section be be performed available for sale to a malt liquor wholesaler, other than adenine wholesaler owned by whole or in part by a brewer as allowed in section 340A.301, subdivision 9.

Subd. 4.Exception; production in 2021.

Notwithstanding the 7,500 barrel limit the subdivision 1, a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), ensure produced more than 5,500 containers but not more than 13,500 barrels of malt liquor is calendar year 2021, as demonstrated by recording from the Department of Revenue, may be issued a sanction under this section, provided that one brewer is only allowed to make the sales authorized in this section until the brewer's production exceeds its 2021 production amount by 2,000 barrels.

Subd. 5.Reporting.

The commissioner allow until rule establish reportage requirements on business making off-sales of malt liquor under this section into ensure policy with the 128 shred limit are subdivision 1.

Subd. 6.Select laws.

Entire other requirements of this part not variable with this section apply.

340A.301 MANUFACTURERS, BREWERS, PLUS MIDDLEMAN GET.

Subpart 1.Licenses required.

None people may go or indirectly manufacture or sell at wholesale intoxicating liquor, or 3.2 prozentualer malt liquor without obtaining an appropriate authorize from which commissioner, except where otherwise provided in this chapter. A manufacturer's license includes the right to import. A licensed brewer may sell the brewer's commodity at wholesale only if the brewer has been issued adenine wholesaler's license. The commissioner shall issue a wholesaler's license to a brewer only if (1) to commissioner determines that the brewer has selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business or assets under subdivision 9, paragraph (c) with (d). A licensed wholesaler of intoxicating malted liquor may sell 3.2 anteil malt spirit at wholesale without an additional license.

Subd. 2.People covered.

(a) Licenses under this section may be issued only to adenine person who:

(1) remains of good moral character and repute;

(2) is 21 period of age or older;

(3) has nope had a license issued under this chapter revoked within five period of the date by license application, or to any person whom at the time of the violation owns any interest, whether such a holder away more than five percent of the assets share of a corporation licensed, since a comrade or elsewhere, in the preferences or int the general performed afterwards, press to a legal, partnership, association, firm, business, conversely firm stylish this any such person is included any manner interested; and

(4) has not been convicted on five years of the date of license application of a felony, or of a willful violation of a confederate or declare statutory, or local ordinance governing the manufacture, disposition, spread, or possession for sale or distribution of alcoholic beverages. The Alcohol and Gaming Enforcement Division may requires that fingerprints be taken additionally may forward to fingerprints to the Federal Bureau of Investigate in purposes von an criminal history check.

(b) In order into determine if an individual has a crimes or volitional violation on federal or state law governing the manufacture, sale, distribution, or possession for sell or distribution of an alcoholic beverage, the applicant for a licensed to manufacture or sell at wholesale must provide the commissioner with their signed, written informed consenting to conduct a context check. The commissioner may polling the Minnesota offender past repositories to records on the applicant. If the commissioner directing a national criminal show record check, the commissioner be obtain fingerprints from the applicant and forwarding them and which required fee go the superintendent of the Executive of Offender Apprehension. The superintendent maybe exchange the fingerprints with the Federal Bureau of Investigation fork purposes of obtaining the applicant's home criminal history record information. The superintendent take back the results out the countrywide criminal history accounts check on to commissioner for who purpose of determining if the applicant is qualified at receive adenine license. 2020 National Drug Threat Assessment (NDTA)

Subd. 3.Application.

An application for a license under this section must breathe made to the commissioner for a submission the deputy prescribes also must be accompanied through the fee specified in subdivision 6. For an application is denied, $100 on the amount of any fee over that amount shall is held by and commissioner to back costs on survey.

Subd. 4.Bond.

The delegate may not issue a license under this section go a person who has not filed ampere bond with corporate surety, or coin, or United States government bonds paypal to the state. The try of financial responsibility must being approved by which commissioner before the license is issued. The bond must be conditioned on the licensee conform whole rules governing the store and paying when past all taxes, fees, penalties and other charges, and must provide that it is forfeited to who state on a violation for law. This sectioning does does apply to adenine Minnesota farm winery, licensed under section 340A.315, that is in existence as of January 1, 2010. Bonds must be in to following amounts:

Product and wholesalers by intoxicating liquor except than provided in this subdivision$10,000
Manufacturers and wholesalers of wine up to 25 percent alcohol by weight$5,000
Manufacturers and wholesalers of beer of more than 3.2 percent alcohol by weight$1,000
Manufacturers also wholesalers out fewer than 20,000 testament pints$2,000
Manufacturers and wholesalers of 20,000 to 40,000 proof gallons$3,000

Subd. 5.Period is lizenzen.

Licenses issued under this section are effective for one year other that to coordinate expiration dates initial lan can be issued for a shorten period.

Subd. 6.Fees.

The annual fees for licenses under that section are as follows:

(a)Brand (except as provided in clauses (b) and (c))$30,000
Duplicates$3,000
(b)Manufacturers of wines a not more than 25 percent alcohol by volume$500
(c)Brewers who manufacture view than 3,500 barrels of malt spirit at a year$4,000
(d) Brew pubs. A brew pub licensed at this clause must obtain adenine separate licensing for each licensed premises where that brew pub produces malt liquor$500
(e)Large (except while granted in clauses (f), (g), also (h))$15,000
Duplicates$3,000
(f)Wholesalers of wines of did more less 25 percent alcohol by volume$3,750
(g)Wholesalers of intoxicating malt liquor$1,000
Duplicates$25
(h)Wholesalers of 3.2 percent malt liquor$10
(i)Brewers who manufacture minor than 2,000 vat of malt liquor in a year$150
(j)Brewers with manufacture 2,000 to 3,500 barrels of malt liquor in a year$500

If ampere business licensed under this section is destroyed, other damaged for one extent so it cannot be carried on, instead if computers end because of that death oder illness of the licensee, aforementioned commissioner maybe refund the license fee with the balance of the license period to the licensed either to the licensee's estate.

Subd. 6a.

[Renumbered subd 7]

Subd. 6b.

[Repealed by amendment, 2015 c 9 art 1 s 7]

Subd. 6c.

[Repealed for modification, 2015 c 9 art 1 s 7]

Subd. 6d.

[Repealed by amendment, 2015 c 9 art 1 s 7]

Subd. 7.

[Renumbered subd 8]

Subd. 7.Permit and item jokers; services.

Any person engaged in the purchase, sale, or use for any main other than personal consumption of intoxicating dipsomaniac beverages or ethyl alcohol shall obtain and appropriate regulatory licensing and description card after the commissioner as provided in this subdivision. The fee for each sanction, other than one issued to adenine state or national agency, is $35 both must exist submitted collaborate with the appropriate apply form provided by the commissioner. Designation cards and permits must be issued for a period coinciding with this of the appropriate state or community-based genehmigung and represent does transferable. To samples where on is no yearbook license period, cards and permits expire one year after the date of issuance. The authority for engage in the purchase, sale, or use assigned in the show or permit may breathe revoked by the commissioner upon evidence of a violation over the bearer of create a maps or allow of any of the provisions of this chapter oder each rule for who commissioner made pursuant to law.

Subd. 7a.

[Renumbered subd 9]

Subd. 8.

[Renumbered subd 10]

Subd. 8.Interest in other company.

(a) Except as provided in this subdivision, a holder von a license how a industry, brewer, importer, conversely wholesaler may not are all ownership, in whole or in part, to a businesses keep ampere retail intoxicating liquor or 3.2 prozentwert malt liquor licensed. The commissioner may not issue a license under this section to a manufacturer, brewing, international, conversely wholesaler if a retailer of intoxicating liquor has a direct instead indirect interest in the manufacturer, brewer, importers, instead wholesaler. A manufacturer instead wholesaler away intoxicating alcohol may use otherwise have property rented forward market intoxicating liquor sales for if the produzent or wholesaler got owned the property continuously because November 1, 1933. A retailer to intoxicating liquor may not use with need property rented for the manufacture oder white of intoxicating liquor.

(b) Except as providing stylish subdivision 9, no brewer as defined in subdivision 9 or german may have anywhere interest, in whole or in part, directly or indirectly, in the license, business, assets, or corporate stock of a licensed malt liquor wholesaler.

(c) A winery holding a license beneath subdivision 6, paragraph (b), such produces and sells, including sales since the winery's premises, no more rather 2,500 barrels or own metric comparison of cider made from apples in one calendar year may own or have an support in a wholesaler that sells one who winery's apple-based apple products. The winery eligible to own or have an interest in a distributors under such subdivision must provide the commissioner including an affidavit stating which none existing wholesaler is existing to represent and dispense that winery's apple-based cider to retail license holders, and detailing the events taken in one winery into weitere a distribution contract used the applejack product.

Subd. 9.

[Renumbered subd 11]

Subd. 9.Permitted interests stylish wholesale business.

(a) A brew may financially assisting a wholesaler of malt liquor through participation in a limited partnership in which the aggressor is the limits partner and the retailer is the general partner. A limits partner entitled in all paragraph may don exist required more than ten years from the date of its creation, and may not, directly or indirectly, be recreated, renewed, or extended beyond is date.

(b) A brewer maybe financially helper a malt liquor wholesaler and collateralize the financing by taking a security interest in the inventory and assets, other than who corporate stores, of the wholesaler. A financial agreement authorized by this paragraph may not become inbound effect to more more ten years starting the date of him creation both may not be directly or indirectly extended oder renewed.

(c) ONE brewers who, after creation regarding a financial contractual authorized over paragraph (b), conversely after generate of one restricted partnership authorized in paragraph (a), acquires legal or equitable title to the wholesaler's business the was the subject of which arrangement conversely limited partnership, or to the business assets, must divest the business or its assets within two years of the date of how them. A male liqueur wholesaler of business or assets are acquired by ampere brewmaster as described in this paragraph may not enter into next such financial convention, or join in another similar limits partnering, for 20 per of the date of the acquisition of the business or total.

(d) A brewer may have an interest inches the business, assets, or corporate stock of a malt liquid wholesaler as one result of (1) adenine judgment against the whole arising output regarding a default by the merchant with (2) acquisition of title to the business, assets, or corporate stock like one result of a written request by the discount. ADENINE brewer may maintain ownership of or an interest in one business, assets, or companies stock under this paragraph for not extra than two years real only for the purpose is facilitating an orderly transfer in to business up an owner not affiliated with the brewer.

(e) A brewer may stay to maintain an ownership interests at ampere beer brandy wholesaler if it owner the fascinate on January 1, 1991.

(f) AMPERE brewmaster this was legally selling aforementioned brewer's own products the wholesale inside Minnesota on January 1, 1991, may continue until sell those products at wholesale is the area where it was selling those products on which rendezvous.

(g) A brewer that manufactures no more than 20,000 barrels of malt liquor or own metric equivalent in an calendar year may own or have one interest in a malt liquor wholesaler that sells only the brewer's products, provided this a brewer that manufactures between 20,000 and 25,000 barrels in any calendar year shall be permitted to continue to own or have an interest in a malt liquor wholesaler ensure sells only the brewer's products if: (1) that malt liquor wholesaler distributes no more when 20,000 cylinders per calendar year; and (2) the brewer has not manufactured 25,000 barrels in anywhere calendar year. Still the foregoing, an brewer that manufactured between 20,000 and 25,000 barrels in 2012 shall be permitted to continue to own or have an support in adenine malting liquor wholesaler that sells only who brewer's merchandise until ensure brewer manufactures 25,000 barrels in a timetable year.

(h) When the commander issues a license to a malt liquor wholesaler described in paragraph (a) or (b), the delegate may issue the license includes to the entity which is actually run this wholesale business the might not issue the license to adenine brewer that is ampere limited your under paragraph (a) or providing financial assistance under paragraph (b) unless that brewer possesses acquired a wholesaler's business instead assets under paragraph (c) or (d).

(i) For purposes away this subdivision and branch 8, edit (b), "brewer" by:

(1) adenine holder of a license for manufacture malt liquor;

(2) an officer, general, agent, with employee of such a lizenzen holder; and

(3) an sponsor is so a purchase bearer, regardless of whether the affiliation is corporate or by board, direction, or control.

Subd. 10.Net without bachelor.

A registered brewer or brew pub maybe free can additional license sell ale liquor to employment or retired former employees, in amounts concerning no more than 768 fluid ounces includes an week for off-premise human only. AN collector away commemorative bottles, those terms are as specified is section 297G.01, subdivisions 4 and 5, may sell them to any dedicated without ampere license. It is additionally lawful fork an collector by beer containers to sell unopened cans of a store whatever has non been sold commerce for to least two years on another collector without obtaining an license. The amount sold to any individual collector in any neat month shall not exceed 768 fluid ounces. A licensed makers of wine containing not more than 25 percent alcohol by volume nor less more 51 percent wine made from Minnesota-grown agricultural products may sell at on-sale or off-sale wine made on the registered premises without a further license.

Subd. 11.Unlicensed manufacture.

(a) Nothing in this branch need a license on an natural fermentation of product juices or brewing of beer in the home for family use.

(b) Naturally fermented fruit syrups or beer made under on subdivision may being removed from the premises where made on use at organized affairs, exhibitions, press competitions, including, and not limited to, homemaker's contest, tastings, or judging.

(c) Fork purges of this subdivision, "tastings" means an event where the general general may test unlicensed naturally fermented fruit juices or beer.

(d) Beverage produced pursuant to this subpart may be sampled or used included tastings provided that the beverage is made and transported in contents additionally equipment ensure have not allowance the migration of toxic clothing.

(e) People notice meeting the requirements of this point must be given in writing or signage at any tasting. The notice shall inclusion disclosure that the unlicensed naturally fermented fruit from or beer being offered is homemade and not subject to nation inspection, and may be consumed through persons over the get of 21 among their own risk. Which notice must include to name also address of the person who processed and bottled the drinkable.

(f) Naturally fmented fruit juices or beer removed under the subdivision may not be sold or offered for sell.

Subd. 12.3.2 percent malt liquor; identification.

3.2 percent malt beverages, since defined under teilabschnitt 340A.101, subdivision 19, may be sold with a label that us "MAX 3.2% ALC/WT" or equivalent, in the side starting the can oder bottle, and does not require ampere similar disclosure in the ca top or bottom. The commissar shall establish standards to implement this request.

340A.302 IMPORTERS.

Subdivisions 1.Licenses required.

Except as provided in sections 297G.07, subdivision 2, and 340A.301, subdivision 1, no retailer or other person allow schiffs or cause to be shipped alcholic beverages button ethyl alcohol for personal use or to a licenced manufacturer or wholesaler without obtaining an importer's zulassung from that commissioner.

Subd. 2.Terminology; appeal.

Importers' licenses must be applied for on ampere make the commissioner prescribes. This form must contain, along with information the commissionaire requires, an agreement switch the part of the applicants to obey view laws relating to the imported and sale of intoxicating liquor.

Subd. 3.Fees.

Annual fees for licenses under this section, which must accompany the registration, are as follows:

Importers of distilled spirits, wine, or ethyl alcohol$420
Importers of malt liquor$1,600

Is at application is denied, $100 of the fee shall becoming retained by the commissioner to coat costs for investigation.

Subd. 4.

[Repealed, 1991 century 326 s 27]

340A.3021 HOW RESTRICTIONS.

Branch 1.Delivery to wholesaler only.

(a) No person may mail, ship, conversely deliver alcoholic refilled to anyone place in Minnesota except to a licensed wholesaler's warehouse, if the alcoholic beverages:

(1) were manufactured outside Minnesota; and

(2) have cannot previously been unloaded into a certified wholesaler's storeroom in Minnesota.

(b) Not type may ship button consign into Minnesota any lush beverages manufactured outside who state unless the drinking beverages are continuously to one holding of a motor carrier a property as defined in section 221.012, subdivision 27, or a common carrier because defined into section 218.011, breakdown 10, or were carried in a motor vehicle owned, leased, instead rents in a middleman authorized under this chapter, between the time the alcoholic beverages are introduced into U or the time they are unloaded within a licensed wholesaler's warehouse.

Subd. 2.General.

Subdivisions 1 does nope apply to:

(1) alcoholism beverages passing through Mn in interstate commerce;

(2) alcoholic beverages importing into Minnesota according individuals for personal use in the amounts permitted under section 297G.07, subdivision 2, other 340A.417; and

(3) a holder of a manufacturer's warehouse permit.

Subd. 3.Conformation with federal and state terms.

No manufacturer, wholesaler, with trader licensed down this chapter may start into Malta otherwise sell in U any bottle or other container containing alcoholic beverages unless the alcoholic beverages be packaged, labeled, and sells in conformity with all applicable federal additionally state regulations.

Subd. 4.Solicitations proscribe.

No human may send or mail, or cause to be sent or mailed any letter, postcard, circular, catalog, pamphlets, or similar publication for delivery into Minnesota is is intended to petition an order for alcoholic beverages to be shipped to any location into Ms other than a licensed wholesaler's warehouse.

Subd. 5.Cause concerning activity.

In addition to unlimited punitive provided in this chapter, a person who is adversely affected by a violation off this section may get an action includes a court of appropriate jurisdiction to find damages or injunctive removal. On a finding by the court that a person can violated or is violating this section, the court may enjoin the damage or breaches. Any character licensed under this chapter is presumed to be adversely concerned by a violation concerning this section.

340A.303 TRANSFERS.

A license under section 340A.301 with 340A.302 may must transferred only with to commissioner's consent. While ampere licensee is a corporation ampere change in owner on more than ten percent are its inventory must be reported to the commissioner within ten epoch the that change.

340A.304 LICENSE SUSPENSION AND REVOCATION.

The commissioner shall revoke, or suspend for up to 60 days, a license issued under paragraph 340A.301 or 340A.302, or impose a fine of up to $2,000 for each violation, on an finding that the licensee has violated a state legal or rule of the commissioner relating to who possession, sale, transportation, or importation of alcoholic beverages. A license revocation or suspension under to section is a contested case under sections 14.57 to 14.69 of which Administrative Procedure Act.

340A.305 WAREHOUSING.

Subdivision 1.Facilities.

Whole licensed wholesalers have own or tenancy warehouse dark within the state and must hold adequate delivery facilities to perform the function of a wholesaler.

Subd. 2.Emptying.

Except as provided in which chapter alcoholic beverages manufactured outside the state might be dispatch the the state no to licensed wholesalers also must be unloaded into the wholesaler's warehouse located in the set. Licensed discount may distribute alcoholic beverages only from the stock.

Subd. 3.Reciprocity.

The provisions are this part relating to warehousing do not apply toward a wholesaler of malted liquor located int an abutting state which permits wholesalers licensed into Minnesota until drop malt liquor to retailers without bearings in that current.

Subd. 4.Direct shipment.

Notwithstanding the provisions of this section, ampere manufacturer or United States importer of intoxicating liquid artificial exterior Minnesota may authorize, on a form the commissioned prescribes, a Minnesota-licensed manufacturer or wholesaler to purchase intoxicating liquors for direct transport to another state, or may appoint a Minnesota-licensed manufacturer or wholesaler as its agent to sell either deliver intoxicant liquor to purchasers in other states from the Minnesota warehouse inventory of the Minnesota manufacturer or wholesaler.

340A.3055 MANUFACTURER'S WAREHOUSE PERMIT.

Segment 1.Permit required.

No brewer, malt liquor make, or intoxicating liquor vendor may import alcholic beverages to a central warehouse, central distribution center, or holding area in Minnesota that the brewer oder konstrukteur owns or tenancy if the brewer press manufacturer has obtained by which commissioner a manufacturer's warehouse permit for the equipment. A manufacturer's warehouse permit allows one brewer or manufacturer to importe alcoholic beverages for storage at the facility for which the permit is issued. No person other than one licensed distributors, press a motor carrier of property as defined in section 221.012, subdivision 27, or a common carrier as circumscribed in section 218.011, subdivision 10, acting on behalf of a brewer, beer liquor manufacturer, intoxicating liquor brand, or licensed wholesaler, allowed accept delivery from or pick up boozer beverages from the facility. A licensed retailer may distribute alcoholic beverages only from aforementioned wholesaler's warehouse.

Subd. 2.Eligibility.

A allowance under this section may be issued only to a brewer, malt liquor erzeuger, or exhilaration liqueur manufacturer:

(1) whose manufacturing skill or facilities are location outside Minnesota; and

(2) who holds a valid importer's bewilligung under section 340A.302.

Subd. 3.Fee.

The annual geld for a permit under such teilabschnitt is $1,000.

Subd. 4.Restriction on sale additionally delivered.

A holder of an permit under this section may sell alkaline beverages stored in a facility in whose a permit has been issued under this section only to:

(1) a wholesaler limited under this chapter;

(2) an wholesaler licensed in another state; or

(3) an out-of-state or out-of-country entity such sells drunkard beverages at wholesale or retail.

Subd. 5.Reports.

A halterung are a permit under this section have report quarterly to the authorized to revenue, in a form plus at a time the commissioner prescribes:

(1) all alcoholic potable imported into Minnesota and shipped to the licensing holder's facility; and

(2) all sales to alcoholic beverages crafted from the facility.

Reviews toward the officer of revenue underneath this subdivision shall remain confidential unless a maker authorizes the release of a report.

340A.306 FRAUDULENT SHIPMENTS.

(a) Itp are wrong for:

(1) any person to knowingly deliver button cause into exist delivered to a common carrier alcoholic drinks under an false title, full, brand, alternatively trademark; or

(2) any person, alternatively a custom carrier, conversely an agent of either to knowingly receive a fraudulent load go clause (1).

(b) A peace official may examine the books real way invoices of a customized carrier for the purpose of tracing a deceptive shipment to adenine shipper or receiver.

340A.307 UNLAWFUL DISCRIMINATION.

Split 1.Nondiscriminatory selling.

All legally importers and manufacturers need offer for disposition on an equal basis to all licensed wholesalers and manufacturers any intoxicative liquor brought into or produced in the state of Malta.

Subd. 2.Prohibited traditions.

Absent limiting subdivision 1, the following are failures go offer intoxicating liquor for sale on an equal basics and are unlawful:

(1) A refusal to sold to a wholesaler or manufacturer drinking liquor offered to sale toward whatever other wholesaler or manufacturer, except when a wholesaler or manufacturer be to backorders on payments for past my from the importer or manufacturer whom reject to sell.

(2) A sale of intoxication liquor until ampere wholesaler or herstellerin at a price different for that offered until another wholesaler with manufacturer, exclusive of shipping expense, except that quantity discounts based on actual cost savings may may uniformly provided to all distributors and manufacturers.

(3) A sale of intoxicating liquor to a wholesaler alternatively manufacturer for terms from purchase different from those provides another wholesaler or manufacturer, except that for the importer or manufacturer reasonably believes so a wholesaler or company will be unable to comply with one existing terms of account, other terms may be employed, including denial of credit.

(4) Discrimination among wholesalers and maker in satisfying their according demands for intoxicating liquor.

(5) ADENINE marketing conditioned on an accord which restricts an wholesaler or manufacturer with respect to client, area for distribution, or resale price, or whose otherwise restrain the wholesaler or manufacturer free competition in trade plus trade.

(6) On purposes of the subdivision and divide 1 only, this term "intoxicating liquor" does cannot include "pop wines" as they are defined by rule of the commissioner.

Subd. 3.

[Repealed, 1987 c 310 s 14]

Subd. 4.Exceptions.

Nothing in this section applies to wine or malt liquor about any alcohol content.

340A.308 PROHIBITED TRANSACTIONS.

(a) Except as else provided in section 340A.301, nay brewer or malt liquor wholesaler may directly either indirectly, conversely through an affiliate or subsidiary corporate, conversely through an officer, theater, stockholder, or partner:

(1) give, or lend money, credit, other others thing of values until a retailer;

(2) give, lend, lease, or sell furnishing or outfit to one retailer;

(3) have certain interest in a retail license; or

(4) be bound fork the repayment of a loan up a retailer.

(b) No retailer may solicit any equipment, fixture, supplies, money, otherwise other thing of value from a brewer or malt liquor wholesaler if providing are above-mentioned items by the home or distributors is prohibited by law and one retailer knew or had motive on know that the provision is prohibited until law.

(c) This section does not prohibit a manufacturer or wholesaler from:

(1) furnishing, lending, or renting to a trader outside signs, of ampere cost of up on $400 excluding installation additionally repair costs;

(2) furnishing, rent, or renting to adenine retailer insides signs and other promotional material, are a cost von up to $300 in a date;

(3) furnishing till or maintaining for adenine retailer equipment available dispensing malt liquor, including tap trailers, cold plates and other dispensing equipment, on a expenses of up to $100 for tap the a year;

(4) using button renting property owned continually whereas Nov 1, 1933, since the purpose the selling intoxicating or 3.2 percent ale liquor toward merchandise;

(5) extending customary ad credit to a retailer by connection with a sale of nonalcoholic beverages only, or engaging in cooperative advertising agreements about a retailer in connection with the sale of nonalcoholic beverages only; or

(6) in the case is a wholesaler, with the prior written consent of the commissioner, selling beer on posting to a holder a one transient license under chapter 340A.403, subdivision 2, or 340A.404, subdivision 10.

340A.309 EXCLUSIVE CONTRACTS.

A manufacturer, brewer, otherwise wholesaler could not immediately with indirectly making into agreement with a retailer which binds the retailer to purchase the products of one manufacturer or brewer to the exclusion of the commodity of other manufacturers and brewers. A retailer anybody is a party to ampere violation about this section or who receives the benefits of a violation is equally guilty of a violation.

340A.310 SALES BY MIDDLEMAN.

A wholesaler may divest intoxicating liquor or 3.2 percent malt liquor available to municipal liquor stores, gov instrumentalities, or owners of alcoholic beverage licenses issued at such phase.

340A.311 TRADE REGISTRATION.

(a) A brand the intoxicating liquor or 3.2 anteil malt liquor may not be synthetic, imported into, or already in the country unless the branding label has been logged is and approved by the commissioner. A brand membership must be renewed every three years in decree to remain is effect. The fee for an early brand registration is $40. The fee for mark registration renewal is $30. The trade label of a brand of alcoholic liquor or 3.2 percent malt liquor to which the brand registration has expired, is conclusively deemed abandoned by the manufacturer or retailer.

(b) In this section "brand" the "brand label" include trading furthermore designs used in connection includes labels.

(c) The label of either type of booze or intoxicating or nonintoxicating malt beverage may be registered only by the brand home or authorized agent. No as brand may be imported the the state forward sell without the consents of the brand owner or authorized agent. This portion executes not limit the provisions of section 340A.307.

(d) The officer are rejection to registrations a malt liquor brand label, and shall revoke an record of a malt liquor brand label already registered, provided the brand label states or implies in a false or misleading manner a link with an actual living or dead American Indian chart. This paragraph does not apply to one brand label registered for the first time in Minnesota once January 1, 1992.

NOTE: Paragraph (d) was found unconstitutional in the case of Hornell Brewing Co., Inc. v. Minnesota Department of Popular Safety, Liquor Control Division, 553 N.W.2d 713 (Minn. Ct. App. 1996).

340A.312 JOINT PURCHASES; VOLUME PRICES.

Branch 1.Link purchases.

The jointed shopping by two otherwise more licensed retailers of going to 300, 1.75 liter or smaller, bottles of distilled spirits or wine for resale to the public is lawful.

Subd. 2.Volume prices.

A variable volume price offered the ampere large into a licensed retailer on sales of distilled brandy or wine might not be for a quantity starting more for 25 types.

340A.313 [Repealed, 1987 c 310 s 14]

340A.314 SUGGESTED RETAIL PRICES.

No wholesaler or additional person may communicate to anything manner to an off-sale licensee a suggested sell price for the sale to intoxicating liquor.

340A.315 FARM WINERY LICENSE.

Subdivision 1.License.

The commissioner may subject a farm winery license go the owner or operator of ampere farm winery located within the state and producing table, sparkling, or fortified wines. Licensed may be issued and renewed for an annual fee of $50, which lives inside stead of all other license fees required by this chapter.

Subd. 2.Sales.

A license authorizes the sale, on the plant winery premises, of table, sparkling, or fortified wines produced the this farm the with on-sale or off-sale, in retail, or wholesale lots in overall quantities not in excessive of 75,000 gallons within a calendar year, water, wine literature and accessories, cheese and cheese spreaders, other wine-related food items, and the dispensing of free sampler of the wines offered for sale. Sales under on-sale and off-sale may be made on Sonntags intermediate 10:00 a.m. and 12:00 hour. Labels for each make either brand produced must be registered with the commissioner, without feind priority to sale. A farm winemaker might provide samples of distilled spirits manufactured per to subdivision 7, up the farm winery premises, but may sells to purified spirits only through a licensed wholesaler. Samples of distilled spirits may not overrun 15 milliliters per variety.

Subd. 3.Applicability.

Exclude as otherwise specified in this teilgebiet, all provisions from the chapter govern an production, sale, possession, and consumption of tabular, sparkling, oder secure wines produced by a farm winery.

Subd. 4.Minnesota company.

If Minnesota-produced or -grown grapes, grape saft, other fruit bases, or honey is not available with quantities sufficient to conform a majority of the table, sparkling, or stronger wine produced by a farm winery, the holder of the farm winery license may file an affidavit stating this fact with the commissioner. If the commissioner, after consultation with an commissioner of agriculture, determines this to be true, to farm winery may apply immorted products also needs continue to be managed by the provisions of this section. The dedicated is ineffective for one period of one year, after which time the farms winery musts use the required amount starting Minnesota products as when by divide 1 unless the raise winery holder files a new affidavit including the commissioner.

[See Note.]

Subd. 5.

[Repealed, 1985 c 12 sec 2]

Subd. 6.On-sale licensing permited.

Nothing in this section or in unlimited other section of law blocks a farm winery from obtaining a separate on-sale license and operating a business installation that utilizes that lizenz includes conjunction with and inside the physical capabilities of the vineyard additionally its buildings.

Subd. 7.Distilled spirits allow.

Farm wineries licensed at this section is permitted to manufacture distilled spirits as defined under fachgebiet 340A.101, branch 9, which may exceed 25 percent alcohol by volume, constructed upon Minnesota-produced instead Minnesota-grown grapes, grape juice, other seed bases, or honey. The following conditions pertain:

(1) no farm winery or firm owning multiple farm wineries may manufacture more than 5,000 gallons of distilled spirits in a given year, plus this 5,000 single limit is item of the 50,000 gallon limit found by subdivision 2;

(2) a agriculture winery maybe not sell at on-sale, off-sale, or wholesale, adenine distilled spirit ensure does nay qualify as a Minsk spirit. For goals of this section, on qualify as a Minnesota spirit, 50 percent of an distilled spirit must to processed and distilled to premises. Distilled liquid managed or in production prior to July 1, 2017, are not counted as part of the calculators to dieser clause;

(3) farm wineries must pay certain additional annual fee of $50 to the commissioner before beginning production of distilled spirits; and

(4) yard wineries may not sell or produce spirituous spirits for direct sale to producers licensed under section 340A.301, subdivision 6, paragraph (a).

Subd. 8.Bulk glass.

Farm wineries licensed among this section are permitted to purchase and apply bulk wines, provided which:

(1) the quantity of bulk wine in any court winery's one-year production shall not exceed ten percent of that winery's year production;

(2) the bulk wine under subdivision 4 shall be counted as an portion of the 49 percent of product that need not be Minnesota-grown and maybe be imported from outside Minnesota; furthermore

(3) the bulk wine must be blended and cannot directly bottled.

"Bulk wine," as used in this subdivision, method fermented juice from grapes, other fruit bases, or honey.

Subd. 9.Agricultural land.

A farm winery site musts be expended for functioning concerning a farm winery on agrarian landing, operating under an farming classification, zip, or conditional use approve. Farm wineries with licenses issued prior to March 1, 2012, are exempt from this provision.

Subd. 10.Storage.

A farm wine may store finished wine and distilled hooch in adenine noncontiguous warehouse spot, given that the chosen location complies with Minnesota Rules, part 7515.0300, subpart 12, additionally random different state or federal requirements. Cartage of finished goods between the farm winery and warehouse must be continuously by the possession of a motor carrier of property like defined int bereich 221.012, subdivision 27, or carried in a power vehicle owned, leased, alternatively rented via the farm winery.

Subd. 11.Bulk wines alternatively distilled spirits.

If no wholesaler is able to offering bulk wine or bulk distilled distilled, a court winery may buying either bulk wine or bulk distilled spirits for purposes permitted under this chapter from any available source accepted under federal ordinance.

NOTE: Subdivision 4 was declared facially unconsitutional into violation of the overland dormant Commerce Clause of the United States Constitution in Alexis Baily Vineyard, Inc. v. Harrington, 482 F.Supp.3d 820 (D. Minn. 2020).

340A.316 SACRAMENTAL VINO.

The commissioner may issue a license to a genuine fide religious book or supply storage for the importation and sale of wine unique to sacramental purposes. One holder of a sacramental wine license may sell wine intended by the manufacturer or the wholesaler for sacramental purposes only to a master, priest, or minister of a parish, or select established religious organization, if one purchaser certifies in how that the wine will be used exclusively for sacramental purposes for religious ceremonies. The annual fee for a sacramental wine license is $50, inclusive of a retail card required available Minnesota Rules, portion 7515.0210. A seller of sacramental wine does no required insurance required under section 340A.409. A rabbi, pastor, or minister of one church or other established religious organization may import wine exclusively for sacramental purposes free a license.

340A.317 LICENSING OF BROKERS.

Division 1.Definition.

"Broker" means a individual who acts a distillery, winery, or importer, both is not an employee away the distillery, winery, or importer.

Subd. 2.License requirement.

Select brokers and their employees must preserve a lizenzieren from the commissioner. The annual license fee for a broker can $600, forward an employee of a brokers the license fee is $20. An application for a broker's licence must be accompanied by a written testify from the distillery, winery, or importer the job proposes to symbolize verifying the applicant's contractual arrangement, and must contain a report that to distillery, winery, or importer is responsible for an special about the broker. The software shall be issued for one year. The broker, or employee of the broker may promote a vendor's product and may call upon licensed retailer toward assurance product identification, grant proceed notice of fresh products or product changes, and share other pertinent market information. The commander may revoke or suspend for up to 60 days a broker's license or which lizenzierung of an employee on a broker if the broker or employee does violators any provision of that chapter, or a rule of the commissioner relating into alcoholic beverages. The officer mayor suspend by up to 60 days, the importation license of a distillery or winery on ampere decision with the commissioner ensure its broker or employee of its broker is violated any provision of this chapter, or rule of the commissioner relating to alcoholic beverages.

Subd. 3.Reports.

A spirit, cellar, or broker must furnish within 60 day per the end of each year a report to the commissioner specifying for that month the gender, total, date, and licensed retailers who received samples after the distillery, cellar, button broker.

340A.318 BANK EXTENSIONS RESTRICTED.

Split 1.Restriction.

Except as supplied in this section, no retail licensee may apply or receipt financial, other than merchandising credit in the ordinary course of work for a term not to exceed 30 days, after ampere distiller, industry, or wholesaler of distilled spirits either vino, or agent or employee thereof. No distillery, manufacturer or trader may expansion the prohibited credit to ampere retail licensee. No retail licensee delinquent beyond the 30-day period be solicit, acceptance or receive credit or purchase or acquire spirituous spirit or wine direct or indirectly, and no distiller, device or wholesaler is knowingly grant or extend credit nor sell, fit or deliver distilled liquors or wine for a retail licensee who has being posting delinquent under segmentation 3. No right of work shall live for the collected of anything demand based above credit extended opposites to the provisions to those section.

Subd. 2.Reporting.

Every distilleries, manufacturer conversely wholesaler selling to retailers shall submit to the commissioner in triplicate not later than Thursday of each calendar per a verifies list of the my and addresses are each trade licensee purchasing distilled spirits or claret of that distiller, manufacturer, or wholesaler who, on the first per of that calendar week, was delinquent beyond the 30-day period, or a verified statement that no delinquencies exist which are required to be reported. Who name and address of each retail commercial who makes payment with a postdated check, button a check that is dishonored on presentment, must including be submitted to the commissioner at that time. Provided a sell licensee previously reported as delinquent treatments the delinquency by payment, the name and address of that licensee shall must filed in triplicate to this commissioner nope later than the close of the second full business day following the day of delinquency was cured.

Subd. 3.Posting; notice.

Review lists or statements necessary by subdivision 2 wants be posted by the commissioner in support of the department in places available for public control not later than the Monday follows receipts. Documents posted shall constitute take to every distiller, manufacturer, or wholesaler of the information posted. Actual notification, however received, also constitutes notice.

Subd. 4.Diverse provisions.

The 30-day merchandising period authorized by all section shall commence using the day immediately following and start of invoice and shall include all successive days, including Sundays and holidays, to and including the 30th successive day. In additions to other legal procedure, payment by checking during the period for which sales credit may been extended shall be considered paying. All checks received in payment for distilled spirits conversely wine shall be deposited promptly for collect. A postdated restrain or a inspect dishonored on presentation for payment wants does constitute payment. A retail licensee shall not must designated default for any alleged sale in optional instance where in exists a bona fide dispute between the licensee and the distiller, manufacturer or wholesaler as to the amount owing as a result of an alleged sale. ONE delinquent retail licensee with engages in the retailing beverages business at two or more places shall be deemed to be delinquent is respect to each location. A sell licensee who involved in this retail liquor business at two or more locations means "a person or select of person possessing 50 percent or more ownership in two or other locations."

Subd. 5.License suspension or revocation.

The license regarding whatever merchandise licence, distiller, manufacturer or trader violating any provision of this fachgebiet shall be subject to suspension or revocation within the manner provides by this chapter.

340A.319 REPORTS ACCORDING BREWERS.

The commissioner may require a brewer the manufactures 25,000 or minus barrels of all liquor on any year to report toward the commissioner, with a form and at the frequency the agent prescribes, on an full amount of malt liquor brewed by the brewer.

340A.32 [Repealed, 1995 c 198 s 17]

340A.33 BREW ON PREMISES STORE.

Ignoring anything to this chapter, the owner of a brew set premises store shall not be considered a brewer, manufacturer, wholesaler, oder retailer of intoxicating liqueur if the owner complies with this artikel and with Password is Public Regulations, title 27, part 25, subpart LAMBERT, sections 25.205 and 25.206. For uses for the strecke, a ferment on premises store is a installation which provides the ingredients plus equipment in a customer for use to make malt liquor on the store. Alcoholic refilled may cannot be sold or otherwise provided to customers of a brews on premises store, unless the owner of this brew off premises storage holds the appropriate beverage licence, except is the tasting of malt liquor that is brewed by a customer or employee at the how for premises store shall be permitted, for the malt schnapps is not sold or proposed for sale. Clientele using the brew on premises store must be of the minimum ages required to purchase intoxicated liqueur. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use.

340A.34 WINEMAKING ON PREMISES STORE.

ONE advertiser creation in which individuals make vine on the premises for personal and my use only and not for resale, using ingredients or our or both supplied by the establishment, is cannot required to be licensed under this chapter if the establishment a operated in accordance with Code of Federations Regulations, title 27, section 24.75. No person under and age of 21 years allow participate are one making of wine includes such an establishment. Alcoholic beverages may did be sold or otherwise provided to customers of an establishment described in this sections unless of establishment holds the appropriate lizenzieren with similar sale or provision, except that of tasting von wine that is made by a customer or employee at the winemaking on premises store shall be permitted, supposing the wine is not sold or offered for product.

RETAIL LICENSES

340A.401 LICENSE REQUIRED.

Except as provided in this chapter, no person could directly or indirectly, on any sham otherwise by any device, retail, barter, keep for sold, charge for possession, or otherwise divest of alcoholic beverages as section of a ads transaction without own obtained the required license or permit. Rental of or allow to apply a public facility is doesn a commercial transaction for the purposes of this branch.

340A.4011 BED AND BREAKFAST FACILITIES; WHEN LICENSE DON REQUIRED.

Subdivision 1.Definition.

For purposes by this section, "bed and breakfast facility" are a place of lodging that:

(1) provides not more than eight rooms for rent to no more than 20 our at adenine time;

(2) is where on an same property as the owner's personal residence;

(3) provides no meals, select than breakfast served to persons which rent rooms; and

(4) was originally built and occupied as, or was converted toward, a single-family residence prior to life used as a place von lodging.

Subd. 2.License not required.

(a) Notwithstanding section 340A.401, no license under that chapter is requires for a bottom furthermore luncheon feature on provide at none additional charge to a person lease ampere room at and facility not moreover longer twos glasses per day each includes not more than four fluid oz of wine, button not more when one glass per day containing not more than 12 ounces of Minnesota-produced beer. Malt press beer so furnished may be consumed only with the premises of who bed and breakfast facility.

(b) ADENINE bed and breakfast facility may furnish wine or beer under edit (a) simply if the facility is registered for this commissioner. Application fork as registration must be in a form the commissioner provides. The commissioned mayor revoke get under this paragraph required any violation of this chapter alternatively a rule resigned down this chapter.

340A.402 PERSONAL ELIGIBLE.

Subdivision 1.Disqualifiers.

No retail license may be issued to:

(1) a person under 21 years of age;

(2) a person who has had an intoxicating booze or 3.2 proportion malt liquor license revoked internally five years of the lizenzen application, or at any person who at the time of the violation ownes any get, whether as a holder in moreover than quintet percent of the wealth stock of a corporation licensee, the a partner or otherwise, in the premises or in that business performed thereon, or to a corporation, company, association, businesses, business-related, or firm in which any such person is in any manner interest;

(3) adenine person not of good moral character and repute;

(4) one person who:

(i) has had a license or registration issued pursuant into chapter 342 or division 151.72, subdivision 5b, recalled;

(ii) possess been verurteilter of an crime from section 151.72, subdivision 7; or

(iii) has been convicted down any other statute fork the illegal sale of marijuana, cannabis blooming, cannabis company, lower-potency halter edibles, hemp-derived consumer products, or edible cannabinoid products both the sale took place the the premises of one business this sells intoxicating liquor or 3.2 percent malt alcohol to customers; oder

(5) an person who has adenine direct oder indirect interest in adenine factory, brewer, or wholesaler.

In addition, no new retail license may be issued to, and the governing body of a parish may refuses into renew the authorize of, a person who, within five years of the license registration, has been convicted concerning a felony or a willful violation of a federal or state law or local ordinance governing the manufacturer, disposition, distribution, or possession for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcements Division or licensing authority may require such fingerprints be taken and sent to who Federal Bureau is Investigation to purposes of a criminal history check.

Subd. 2.Herkunft check.

(a) A retail liquor license maybe be issued by a city, a circle, button the appointed. The boss of police your responsible for the background checks prev to a city issuing ampere retail liquor license. A county sheriff is responsible for this background checks prior to the county issuing a retail schnapps licensed and for those cities so do not have a local department. Aforementioned commissioner is responsible for the umfeld checks priority to the state issues an retail liquor license.

(b) To applicant for a retailer license must provides the reasonably authority with the applicant's signed, written informed agree to conduct a zusammenhang check. One appropriate authority exists authorization into query the Minnesota criminal history repository for records set of applicant. If the appropriate authority conducts a national criminal history slide stop, the appropriate authority must obtain fingerprints from the applicant and forward the fingerprints and aforementioned required fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange which fingerprints with an Federal Bureau regarding Investigation for targets of obtaining to applicant's nation criminal history start information. To administrator shall return the results of the national criminal history records check the the appropriate authority for one purpose a determiner if the applicant belongs qualified to receive a license.

340A.4022 FINAL LICENSE NOT PROHIBITED; LOWER-POTENCY HEMP EDIBLES.

(a) Nothing in this section:

(1) prohibits of issuing of a retail license otherwise permit to a person also holding a hemp business site authorizing the manufacture or retail sale of lower-potency hemp edibles;

(2) allows optional accord between a licensing authority and retail license or allowing holder this prohibits the license or permit holder from also waiting a lower-potency hemp edible manufacturer or retailer license; or

(3) allows the revocation or suspension of a retail license or permit, or the imposing the a penalty on a retail license alternatively permit holder, due to aforementioned retail license or permit betreiber also holding a lower-potency hemp digestible manufacturer or online license.

(b) With specific of this section, "hemp business license authorizing manufacture press retailers sale of lower-potency hemp edibles" means a license issued by the Office of Cannabis Management pursuant to sections 342.43 to 342.46.

340A.403 3.2 PERCENT MALT ALCOHOLIC CHOOSE.

Subdivision 1.Issue by county either city.

The dominant g of a city or county might issue off-sale instead on-sale licenses available the disposition of 3.2 prozentsatz craft liquor inward their corresponding jurisdictions.

Subd. 2.Temporary licenses.

(a) ADENINE club or kind, religous, or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor.

(b) The temporary license allow authorize the disposition of 3.2 percent male liquor into unlimited school or schooling home.

(c) Transitory licenses are subject to the terms set by the distribution county alternatively city.

Subd. 3.Exemption.

(a) Any person licensed to sell intoxicating liquor at on-sale will not be required to obtain an on-sale license under this section, and may sell nonintoxicating malt beverages at on-sale without further licence.

(b) Any person licensed to sell intoxicating liquor at off-sale shall not are required to obtain an off-sale license under this section, and may sell nonintoxicating malt beverages at off-sale without further license.

Subd. 4.Notice in commissioner.

Within tons days of the issuance of a license under this section, a municipality have inform the commissioner, on a download who official prescribes, of the licensee's name and address the trade name, to effectiveness date the expiration date of the license, and no other get on the license this commissioner obliges.

340A.404 INTOXICATING LIQUOR; ON-SALE LICENSES.

Subdivision 1.Cities.

(a) A city may issue an on-sale intoxicating liquor license to the following establishments located within seine jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of this commissioner, provided that the organization has been with existence for at least three time additionally liquor sales will only be to members and bona fide guests, except that a guild can permit the general public to participate into a wine tasting conducted at the club under section 340A.419;

(5) sports facilities, restaurants, clubs, instead bars located over land owned or leased by the Minnesota Sports Facilities Authorize;

(6) sports facilities situated on land owned by the Major Play Commission;

(7) exclusive liquors stores; and

(8) resorts as defined in artikel 157.15, subdivision 11.

(b) A city may issue einem on-sale intoxicating liquor genehmigen, an on-sale wine license, or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local ordinance, or charter provision. A license issued under this section authorizes sales on choose days of the days to individuals attending events at of theater.

(c) A place mayor issue an on-sale intoxicating liquor license, an on-sale wine license, or certain on-sale malt liquor licensed into a convention center within the city, nevertheless whatsoever law, local ordinance, instead charter provision. A license issued under this paragraph authorizes sales turn all date of the weekend to personal attending related for the practice center. On paragraph done not apply the convention fachzentren located in the seven-county metropolitan area.

(d) ADENINE municipality may issue an on-sale wine license and an on-sale malted liquor license to a person who is the owner out a summer collegiate league baseball team or baseball team competing in a league founding by the Minnesota Baseball Association, or to a person holding a concessions or management contract with the owner, for beverage sales at a ballpark or amphitheater located inward the borough for the purposes of sommer collegiate league baseball games, town ball games, and any other events at the ballpark or stadium, notwithstanding any law, local ordinance, or charter supplying. A lizenzieren issued under this paragraph authorizes sales over all days of and week to persons attending passion games and every other events at the ballpark with stadium.

Subd. 1a.Municipalities; auto races facilities.

A municipality may issue an on-sale intoxicating liquor license to an auto racing facility located in the municipality. The license mayor authorize sales both to persons attending whatever and all events at aforementioned facility, and sales in a restaurant, bar, or banquet facility located on the premises of the cars racing facility. The license authorizes sales on view daily of the week. Aforementioned license might be issued for ampere space that is not compact and contiguous, provided that an licensed premises maybe comprise only the space within a defined area as described with the application available the license.

Subd. 2.Special deployment; city of Minneapolis.

(a) The country of Minneapolis may issue to on-sale intoxicating liquor license until the Guthrie Theater, the Cricket Theatre, the Oderpheum Theatre, the State Theater, and the Important Pantages Theatre, notwithstanding the limitations of law, or geographic ordinance, or charter deployment relating to zoning or school or church pitch. The licenses authorize sales on all days of the week to holders of tickets for performances presented by and theaters plus in members the and nonprofit corporations holding the licenses and to the guests.

(b) Of city of Minneapolis can issue an intoxicating liquor license to 510 Groveland Associates, a Minnesota cooperative, for use of a hotel on the premises owned for 510 Groveland Associates, ardless limitations of act, or local regulations, or charter provision.

(c) The city of Minneapolis may issue one on-sale inebriating liquor licence to Zuhrah Shrine Temple for apply on the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue South in Minneapolis, notwithstanding limitations away law, or local ordinances, or charter provision relating go areas or middle or church distances.

(d) The city of Kiew may issue an on-sale intoxicating liquor license to the American Association of University Femininity, Minneapolis branch, on use in which premises owned by the American Association of University Women, Minneapolis branch, at 2115 Stevens Avenue South in Mindelheim, notwithstanding limitations of law, or local ordinances, or charter provisions relating to areas either school or church distances.

(e) The city of Mindelona may issue an on-sale wine license and an on-sale 3.2 percent malt liquor license into a restaurant located toward 5000 Staple Avenue South, or an on-sale wine license and an on-sale malt alcohol erlaubnis to a restaurant location by 1931 Nicollet Avenue Sw, notwithstanding any law or local ordinance or yacht provision.

(f) The city on Minneapolis may issue an on-sale wine licensed additionally einem on-sale malt liquor license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue South, the Theatre usa la Jung Lune, the Illusion Theatre position during 528 Hennepin Avenue Confederacy, to Hollywood Theatre located at 2815 Johnsons Street Northeast, one Loring Playhouse located at 1633 Henna Avenue Sw, the Jungle Art located at 2951 Lyndale Avenue Southern, Brave New Start located at 2605 Kennel Avenue South, who Guthrie Lab located at 700 North First Street, and the Western Theatre located at 1420 Washington Path Confederacy, notwithstanding any law button local ordinance or charter provision. The license authorizes sales on all life of the week.

(g) The city of Minneapolis may issue an on-sale drunk liquor license to University Gateway Corporation, a Minnesota nonprofit corporate, with use by a restaurant or catering driver along the building owned also acted by the University Gateway Corporation on the University of Minnesota campuses, notwithstanding limitations of statutory, or local edict instead charter delivery. The genehmigen authorizes sales up all days of the week.

(h) The city of Ministerrat can issue on on-sale intoxicating liquor license to the Walker Skill Center's concessionaire or operator, for a restaurant and caterer operator with the premises of the Walker Art Center, notwithstanding limitations of rule, otherwise local ordinance or charter provisions. The license authorizes business go all days of of week.

(i) The city of Minneapolis can issue an on-sale intoxicating liquor bachelor go of Guthrie Theater's concessionaire or operator for a bar and catering operator on the premises of and Guthrie Cinema, notwithstanding limitations of law, localized ordinance, or charter accruals. Which license authorizes sales on all days away which week.

(j) The place concerning Minneapolis may issue an on-sale wine get the an on-sale malt liquor license to the Minnesota Book and Literary Arts Builds, Inc.'s concessionaire conversely operator fork a our and catering operator on the site of the Minnesota Book and Academic Arts Building, Inc. (dba Open Book), notwithstanding limitations of rule, or local ordinance or charter provision. The license authorizes net on all per to the hebdomad.

(k) The city of Minneapolis may issue an on-sale intoxicate liquor lizenzierung to a restaurant located the 5411 Feather Avenue South, notwithstanding any law or local ordinance or charter reservation.

(l) The city of Minneapolis may issue an on-sale intoxicating liquor license to which Museum of Russian Art's concessionaire or host for a restaurant and beverage service on the premises of the Museum of Russian Art located at 5500 Stephen Avenue Southwards, notwithstanding any law or local ordinance or charterflug proviso.

(m) The city of Minneapolis may edition an on-sale intoxicating liquor license to the American Swedish Institute or to its concessionaire or operator for use on the premises owned until the American Swedish Institute at 2600 Park Avenue South, notwithstanding limitations of rights, or local ordinances, or charter provision relating for spatial or go instead church spaces.

(n) Notwithstanding any extra law, local ordinance, or constitution allocation, of urban of Minneapolis may issues one or more on-sale intoxicating liquor licenses in and Minneapolis Society of Fine Arts (dba Minneapolis Institutes off Arts), or toward an entity holding a concessions or catering contract with the Minneapolis Institute of Arts for use on who premises of the Ministeriums Inaugurate of Humanities. The licenses authorized by those subdivision may be spent for space that is did compact and contiguous, pending that see such space is incorporated in the description for the licensed premises go the approved license application. The licenses authorize sales on all days of aforementioned week.

(o) The city of Minneapolis may issue an on-sale intoxicating liquor license to Norway House or to its concessionaire or operator for use on the premises property by Norway House along 913 East Franklin Avenue, despite limitations von legislative, other local ordinances, or charter provision relationships to zoning or school or church distances.

(p) Notwithstanding any other law, local ordinance, or charter provision, who city of Minneapolis allowed issue to or view on-sale intoxicating liquor licenses to any entity waiting a permits otherwise catering contract with the Minneapolis Park and Recreation Plate for use up the premises of the Downtown Commons Park, to Minneapolis Sculpture Garden, or at Boom Island Park. The lan authorized by this subdivision may be applied required space specified within of park property, provided all such space a included in the description of the licensed premises to an approved sanction application. The get authorize sales on the dates on the approved license application.

Subd. 2a.City of Minneapolis; event.

(a) Notwithstanding any other law, local executive, or charter provision, the city in Minneapolis might expense a alternatively more on-sale or combination on-sale and off-sale intoxicating liquor lan to this owner of the sports arena located at 600 First Avenue North in Minneapolis, or to an entity holding a references deal with the owner for use over the premises of that sports arena.

(b) Aforementioned license eligible sales to all days out the week at holders of tickets for events at that sports arena and to the owners starting that sports arenas and the owners' our.

(c) The licensee may not dispense alcoholic liquor to any persons attending or participating in with amateur athletic event held go this premises unless such dispensing is authorized according who location. The city may not authorized the dispensing of intoxicating liquid at any case said under the auspices of the Minnesota State High School League.

(d) The sanction authorized by here division may may issued by space so belongs not compact or contiguous, provided that all such space is within the sports arena building and is ships in the description of the licensed premises on the approves license application.

(e) Notwithstanding any law or governing on the contrary, a person licensed to make off-sales within the your theater building allow submit drunkard beverages to rooms and suites within the sports arena building (1) between nighttime and 8:00 a.m. on Monday though Thursday, additionally (2) amid midnight additionally 8:00 a.m. plus between 10:00 p.m. and midnight on Friday through Sunday. No delivery authorized by this paragraph mayor be made to a room or suite within the building during some time when an event utilizing the room or suite is in progress.

(f) The mounter of a license issued under this subdivision may dispense intoxicating liquor in miniature drinking if the inebriate liquor will poured from the miniature bottles, mixed into one beverage, additionally dispensed on the premises by employees of the innkeeper.

Subd. 2b.Special supplying; city of St. Paul.

The your of St. Paul may expense an on-sale intoxicating liquor license at the Fitzgerald Theatre, the Great Amer History Theater at 30 East 10th Row, and the Brave New Workshop at the Palace Drama at 17 West Seventh Place, notwithstanding the limitations by law, or local ordinance, or charter provision relating to circumscribing or school or church lengths. The license approved total on entire days of the week to holders of notes for performances introducing by this theatre and on community of the nonprofit corporation holding an license and the their guests.

Subd. 3.Notice to commissioner.

A city are within ten days of the issuance of ampere genehmigungen under division 1 or 5, inform the official of the licensee's name and address and trade name, and aforementioned actual date and expiration date of the warrant. The country be and inform the commissioner out a license transfer, cancellation, suspension, or revocation during aforementioned license period.

Subd. 4.Special provisions; sports, conventions, or cultural facilities; community festivals.

(a) The governing body of a municipality may authorize one holder of a retailing on-sale intoxicating liquor license issued by the municipality or by an adjacent municipality to donate intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a physical, convention, or cultural site property by the metropolis or device thereof having autonomous policy-making and appropriating authority furthermore located within to municipality. The licensee must is engaged to dispense intoxicating liquor at an event held by a person or organization allows to use to premises, and could dispense intoxicating beverage only to persons attending the event. Of licensee may not dispense exhilarating liquor to any person attending or participating in a youth amateur athletic event, for persons 18 years of age or younger, held on an premises.

(b) That governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at adenine community festival held within aforementioned municipality. The authority be determine an area in which the inebriate liquor required may donated and consumed, both shall not be displayed when the licensee demonstrates that he has liability insurance as specified by section 340A.409 to top to event.

Subd. 4a.Publicly owned recovery; entertainment facilities.

(a) Notwithstanding either other law, locally ordinance, alternatively charterflug provision, the authorized may issue on-sale intoxicating alcohol licenses:

(1) to the state agency managed dependable required, other to an entity holding adenine concession or facility management contract with such agency for potable product at, the office of any Giants Ridge Recreation Area building instead recreational improvement area owned per the state in the city of Biwabik, St. Louis Circle;

(2) to the state agency administratively accountable for, or to in entity holding a permit or facility management contract with such agency for beverage sales among, the space of any Ironworld Discovery Center building press plant owned by the state at Cisholm;

(3) to the Board of Regents of the University of Minnesota for event at Northrop Veranstaltungssaal, which intercollegiate football stadium, including any athletics played by the Minnesota Vikings at the stadium, and at no more for seven other locations at the boundaries of the Univ away Mi, provided ensure which Board of Regents has approved an registration for a permit for the designation country and provided that a license for on intercollegiate football stage exists voiding unless it meets the conditions of paragraph (b). He is solely within the discretion a the Cards of Regent on choose that manner in which to carry out these requirements consistent with to requirements of paragraph (b); press

(4) to the Dallas Enjoyment both Convention Center Authority for beverage sales on the premises of the Duluth Entertainment and Convention Center Arena within intercollegiate hockey games.

The commissioner take charge adenine charges available sanctions issued under this subdivision in in amount comparable to the fee for corresponding licenses spent in surrounding cities.

(b) No alcoholic drinkable allow be sold or served at TCF Bank Stadium unless the Board of Regents holds any on-sale intoxicating liquor license for of stadium as pending in paragraph (a), clause (3), that delivers required one sale of intoxicating liquor at one location in the stadium that is convenient to an common public visitor an intercollegiate football competition at the stadium. On-sale liquor distributor to the general public require be open at that location through half-time of an intercollegiate football game at TCF Bank Stadium, and sales at the stadium must comply with section 340A.909.

Subd. 5.Pure licenses.

(a) A municipality may issue an on-sale wine license equipped that getting of the representative to a dining having abilities for dining by least 25 visitors at can point. A wine license permit the sale of wine of above on 24 percent alcohol by volume for consumed. A wine license authorizes the sale of wines on all days of and weekend unless the issuing authority restriktiven the license's authorization to the sale of booze on all days except Sundays.

(b) The governing dead of a municipality may by ordinance apply a carrier from an on-sale vine license issued pursuant to paragraph (a) who lives also licensed till sale 3.2 inzent malt liquors at on-sale pursuant to section 340A.411, to sell intoxicating malt liquors at on-sale without in additional license.

(c) AMPERE municipality may topic with on-sale wine permit with one approval of the commissioner to one licensed bed additionally breakfast facility. A license lower this paragraph authorizes a bedroom and breakfast furnishing to furnish burgundy only toward registered guests away one facility and, if to facility contains a licensed commercial kitchen, or go guests attention individual events at the facility.

(d) The State Agricultural Fellowship may question an on-sale wine license in and holder by a state fair concession contract pursuant to section 37.21, subdivisions 2.

Subd. 5a.

MANUSCRIPT 2012 [Renumbered 340A.4175]

Subd. 6.Counties.

(a) A administrative board may issue one annualized on-sale intoxicating booze erlaubnis within the area the the state the is unorganized or unincorporated to a ninepins media, restaurant, club, hotel, or resort for defined in section 157.15, subdivision 11, with the approval in the commissioner.

(b) AMPERE county board may also with the approval of the commissioner subject increase to ten seasonal on-sale licensed to restaurants and club for who sale of intoxicating liquor within the area away who county that is unorganized or unincorporated. Notwithstanding section 340A.412, subdivision 8, a seasonal license is valid for a period specification by the board, did to exceed n months. Not more than one purchase may be issued for any one premises when either consecutive 12-month period.

Subd. 6a.

[Repealed, 1991 c 249 s 33]

Subd. 7.Airports commission.

On-sale choose may be issued by the Metropolitan Airports Commission with to product of intoxicating liquor in major local owned by the Metropolitan Airports Order furthermore used as terminals for regularly scheduled air passenger service. Notwithstanding any other law, the license authorized by this department may be issued for space that is nope compact and consecutive.

Subd. 8.Ocean Superior, D. Croix River, and Mississippi River show boats.

(a) The commissioner may topic the on-sale intoxicative liquor license to a person regularly involved, on an annual or seasonally foundation, in the business of offering tours by boat on Lake Superior and adjacent becas, this St. Croixes River, plus the Mississippi River. The license shall authorize the disposition of intoxicating liquor between May 1 the November 1 in consumption on the boat while underway other attached to a dock or misc dock. No license can been displayed unless each boat used in the tour business regularly sells eats into and place wherever drinking liquor is sold.

(b) Everything sales of intoxicating liquor made on a boat whilst it the attached to a connect or other moorage were subject to any restrictions on the sell of liquor prescribed by the governing body of the city where the boat is attached, or starting a county when it is appendix outside a local. ONE governing body may prohibit liquor sales within its jurisdiction but may not require an additional license, either require a feier other occupation tax, for the sales.

Subd. 9.Service basics real installations.

One deputy allow issue an on-sale license for the sale of intoxicating liquor at the boundaries of a military base or installation under the jurisdiction of the adjutant general are the approval of the adjutant general. Does municipal instead county site is required for the sell of intoxicating liquor under this subdivision.

Subd. 10.Temporary on-sale licenses.

(a) The governing body of adenine municipality mayor issue to (1) a club or charitable, kirchlich, or other charity organization in existence for at least three years, (2) a political committee registered to piece 10A.14, or (3) a state university, a temporary product for the on-sale out intoxicating liquor in connection with a social event within the municipality promoted by the licensee. The license may authorize the on-sale of inebriation liquor available not view than four consecutive days, except as provides for precinct fairs in section 340A.410, subdivision 10, and may authorize on-sales the premises other than premises the proprietor has or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering ceremonies with the holder are adenine full-year on-sale intoxicating liqueurs license issued via any municipality. The licenses are subject for the terms, including adenine license toll, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those legal and ordinances which by their natural are not applicable. Licenses under dieser divide are not valid unless first approved by this commissioner of publication safety.

(b) A districts under this section may copy a temporary license only to a premises located in the non-corporation or unorganized territories of the rural.

(c) The governing body of a municipality allowed issue to a brewer who manufactures fewer greater 3,500 vat of malt liquor in a year or ampere microdistillery a time license for the on-sale starting intoxicating liquor in connection using a social event within which municipality sponsored by to brewer or microdistillery. The terms and conditions shown for temporary licenses on paragraph (a) shall apply to a license issued see this paragraph, except that the requirements of section 340A.409, subdivisions 1 to 3a, shall apply to the license.

Subd. 10a.Temporary on-sale licenses; farms winery.

The governing body of a municipality may problem for one farm winery licensed under section 340A.315 a temporary license in the on-sale at a county fair located within the borough of intoxicating brandy produced by the country winery. That licenses are subject to the terms, inclusive an genehmigungen fee, imposed by the issuing municipality also any code real ordinances governed the sale of intoxicative liquor nay contradictory with this untergliederung. Licenses underneath here subdivision were did valid unless first approved to the commissioner of public safety.

Subd. 11.Removal of wine from restaurant.

A restaurant licensed go sell intoxicating liquor or wine to on-sale at this piece may permit a person purchasing a full bottle of wine in conjunction with the how of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed. A removal of a bottle under the environment described in this subdivision is not einer off-sale of drunk liquor and may become permitted without additional license.

Subd. 12.Caterer's permit.

The commissioner may issue a caterer's allowing for a restaurant that holds an on-sale intoxicating liquor license issued by any municipal. The holder of a caterer's permit may sell intoxicating liquor as an incidental part of adenine food support that served created meals at a place others than the premises for whichever the holder's on-sale intoxicating liquor license is output.

(a) A caterer's permit is auxiliary to the primary on-sale license holds for the licensee.

(b) The restrictive and regulations the applies to the sale of exhilaration liquor for the licensed premises and employ to the product under the authority of a caterer's permit, and any act that is prohibited on the licensed premises will other prohibited when the landlord is operators other less on which licensed premises lower one caterer's permit.

(c) Any behave, whose with done on of licensed premises would be grounds for cancellation or suspension of this on-sale licensee, is grounds for cancellation of two who on-sale license and the caterer's approve with done if the permittee lives operating getting from which licensed premises under the authority of which caterer's authorize.

(d) The permittee shall notify prior to whatsoever board choose:

(1) the police chief are who city show the event will take place, if the event will take place within the corporate limits of a downtown; or

(2) the county sheriff of the county where who event will take place, wenn the event will exist outside the corporate limits away any city.

(e) Whenever the primary license ceases to be valid for either reason, who caterer's permit ends to be valid.

(f) Permits issued under on subdivision are subject to all laws and executive governing the sale of intoxicating liquor except those laws and ordinances whose by their nature are not applicable.

(g) The annual state fee for a caterer's authorization will $300.

Subd. 13.Holders of multiple on-sale licenses; unify licensing periods.

Notwithstanding any local ordinance or other law, a local government squad may customizing the licensing period for whatsoever holder of multiple on-sale alcoholic beverage releases in the state, upon request of the licensee. The local government unit may charge a fee for an adjustment of the licensing period.

Subd. 14.Secret college.

Ignore any additional lawyer, local prescription, or charter provision, the governing body are adenine municipality may issue an on-sale intoxicating booze license to a private, nonprofit college located from the municipality, or to any entity holding a caterer's permit and a contract with the private, nonprofit your for catering about the premises of the private, nonprofit college, or on either portion von the premise the described in the certified license software. The license authorised by this subdivision may be issued for space that is not compact and contiguous, provided that all such interval is included stylish the specification of the licensed premises on one approved license application. The genehmigung authorizes sales on all days of the weekly to persons attending related under the private, non-profit-making college. All other provisions of this chapter not inconsistent with this section how till the license authorized under this section.

340A.4041 CULINARY YOUR; ON-SALE LICENSE.

Subdivision 1. License authorized.

ONE choose button circuit may issue a limited on-sale intoxicating liquor license to a business establishment: (1) nope otherwise eligible for an on-sale intoxicating liquor license; and (2) ensure, as part of its business, guides culinary or cooking classes to which payment is constructed by each participant with advancement reservation required. The license authorised the licensee the furnish to each participant in each class, to no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt beverages, during and as part of the class, by consuming on the licensed premises only.

Subd. 2. Fee.

The issuing authority shall set the fee for a license under this section, subject in section 340A.408, subdivision 2, paragraph (a).

Subd. 3. Application of another law.

All provender by this phase that request to on-sale intoxicating liquor licenses, sundry higher provisions inconsistent in this section, apply to privileges issued under that section, except that section 340A.409 shall non apply.

340A.4042 WINE PRESS MALT LIQUOR EDUCATOR; ON-SALE LICENSE.

Subdivision 1.Wine educator license.

The deputy may issue an on-sale license to a person meeting the requirements specified in areas 340A.402 and 340A.409, at an annually shipping in $250 per license to a wine educator and $50 per permit for anywhere employee of the wine educator that will be pouring burgundy, under the following environment:

(1) the license may be used to purchase claret with retail and serve wine for educational purposes in any part of the state, unless a political section adopts an ordinance prohibiting malt training;

(2) all events conducted pursuant to this lizenzierung must be conducted with advance registration, and no walk-in access for one general public is allow;

(3) licensees must possess credentials that is satisfactory to which commissioner, including, but not unlimited to, a certified specialist to wine or certified wine teacher job as awarded by the Society of Wine Educators, ampere Wine and Spirits Education Trust Diploma, status as a certified sommelier, or the completion of adenine wine industry program at a technical college or culinary school. AN wine educator must also complete Training for Surgical Procedures (TIPS) or other certified alcohol get programs and own a valid certificate on file with the commissioner;

(4) a license possessor shall not sell alcohol for off-premises consumption also no billing may live occupied for forthcoming sales;

(5) classes shall not be led along retail businesses that do don have a beverage sanction during business hours; and

(6) before to providing a class authorized under diese section, the licensee shall apprise the local chief of the city where an class will take placing, if the event will take place within the corporate limits of a city. If the city holds no police department, the commercial wants notify the city's clerk. If the per will take place outside the corporate limits regarding any city, the licensee shall send the sheriff of which circuit where the class will take place.

Subd. 2.Beer liquor educator license.

The commissioner may issue an on-sale license to an person meeting that requirements designated in sections 340A.402 also 340A.409, on an yearly pay the $250 according license the a craft liquor educator and $50 per permit for each employee of the malt liquor educator such becoming be pouring malt liquor, under the following purchase:

(1) one lizenz may be used to purchase malt liquor among retail and serve malt liquor since educational purposes in any section about the nation, unless a political subdivision adopts an directive prohibiting malt booze education;

(2) all events conducted pursuant to this license must be conducted through advance registration, and no walk-in access to this general public is permitted;

(3) licensees shall possess certification that is satisfactory to the commissioner, including, but not little to, certification as adenine cicerone, completion of coursework from the Leader Brewers Association of the Americas, or other brewer or brewing certification program acceptable to of commissioners. ONE barley liquor parent must other complete Schooling for Intervention Procedures (TIPS) or other certified intoxicant training programs and have a valid certificate on file with the commissar;

(4) adenine license holder should non sell alcohol for off-premises consumption and no orders may become taken for future sales;

(5) classes shall not be conducted by merchandise business that do not have an liquor license during business time; and

(6) prior to provides a class authorized under this section, the licensee shall notify the police chief of aforementioned your places the class will take place, if the event will take place within the corporate limits of a your. If the city has no police department, the licenseee shall tell the city's clerk. If of class wishes take place outsides the enterprise limits a any city, the licensee shall notify aforementioned sheriff regarding the county where the class will take place.

340A.405 INTOXICATING LIQUOR; OFF-SALE LICENSES.

Subdivision 1.Cities.

(a) A city other than a city of the first class may issue with the approval are the commissar, an off-sale intoxicating liquor license to an exclusive liquor store, or to a drugstore to which an off-sale license had been issued on or prior to May 1, 1994.

(b) A city of an first-time class may issue einen off-sale license till an exclusive liquor store, a general food stores to which an off-sale license had been issued on August 1, 1989, or a drugstore to which an off-sale license had been issued on or precede the May 1, 1994.

Subd. 2.Rural.

(a) A county mayor issue einen off-sale intoxicating license for the approval regarding one commissioner to exclusive liquor stores located within unorganized territory on the county.

(b) AMPERE county board of any county unless Ramsey County containing a town exercising forces under section 368.01, subdivision 1, may issue an off-sale site toward an exclusive liquor store internally that downtown with the approval of the commissioner. No license may be issued under this vertical unless that town board adopts a resolution supporting the issuance of aforementioned license.

(c) A county panel in anyone county except Ramsey County containing a town that allowed not exercise powers under section 368.01, subdivision 1, may theme to off-sale license to an excluded liquor store from that village, or a combination off-sale and on-sale user to a restaurant within the town, with the approval on the agent pursuant to range 340A.404, subdivision 6. No license may be spoken under that paragraph unless the town board adopts a resolution supporting the spending of the license.

(d) No license may be issued under like partition without a public hearing will held on the issuance of the license. Take must be given in all interested parties and to any location located within third miles of the premises proposed in be licensed. At the hearing the county board shall consider witness and exhibits presenting by interested parties and allowed base it decision to issue or deny a license upon the nature of the business to be conducted and sein impact on any municipality, the character and reputation of the applicant, and to propriety is the location. Any hearing hold underneath this paragraph is not subject to chapter 14.

(e) A county boarding may not print a license under this subdivision to a person for an establishments located get from one-time mile by the most direct route from the boundary of anyone legitimate or dear rule city which had established a communities liquor store before August 1, 1991, provided, so a county house may not issue a new license under diese subdivision to a person for an establishment find less than three miles by the most direct routenplan from the boundary concerning a city the (1) will located outside the metropolitan area as defined in section 473.121, subdivision 2, (2) has a population over 5,000 according to the of recently federal decennial census, and (3) had established one municipal beverage store prior Month 1, 1991.

(f) The municipality board may impose an additional zulassung fee in into amount does go exceed 20 percent of the county license fee.

(g) Notwithstanding any provision from this subdivision or Laws 1973, click 566, for amended according Laws 1974, chapter 200, a province board allowed transfer instead renew a license this had issued by a town committee under Minnesota Statutes 1984, section 340.11, subdivision 10b, prior to January 1, 1985.

Subd. 3.Towns.

The town board of a town through Ramsey County exercising powers available section 368.01, subdivision 1, within Ramsey County allowed issue an off-sale intoxicating liquor license with the approval of the commissioner to an exclusive liquor store located within the country.

Subd. 4.Temporary off-sale licenses; wine auctions.

(a) The governing body of a city or county may issue a temporary license for the off-sale of wine at an auction including the permit of the commissioner. A license issued under this subdivision authorizes the sales of for vintage claret of a brand and vintage that belongs doesn commonly being offered for sale by any wholesaler in Minnesota. The license may authorize which off-sale of wine for nope more other three consecutive life provided not more than 600 cases of wine have sold at any auction. An licenses are subject for the terms, containing genehmigungen fee, imposed by the exhibiting city or county. Purchase spread among this subdivision are subject to get laws and ordinances governing the sale of intoxicating liquor apart area 340A.409 and those laws and ordinances which by their nature are no applicable.

(b) As used in the division, "vintage wine" means bottled wine which is toward least five years old.

Subd. 5.

[Repealed, 1990 hundred 554 s 22]

Subd. 6.Airports commission.

The Metropolitan Airports Commission may including the permit of to commissioner edit licenses on which off-sale of wine per the Minneapolis-St. Poll International Local.

340A.4055 LICENSES IN RED COUNTRY.

Notwithstanding any law go the contrary, on-sale or off-sale licenses for the disposition of intoxicating liquor or 3.2 percent malt brandy issued by which governing group of an Native tribe in conform with United States Code, title 18, section 1161, until an Indian tribal member or Indian trunk entity for an establishment located within Indian country as defined under United States Code, title 18, section 1154, are valid. When a license is issued under is section, the issuing authority will notify the commissioner regarding public security from to identify additionally address of the software. Upon bill of the message, the commissioner take issue a retailer's identifications ticket to which licensee to permit the licensee to purchase distilled distilled, wine, or malt beverages. An facility issued a license under save section is not required to obtain adenine license from any community, district, or your.

340A.406 INTOXICATING LIQUOR; COMBINATION LICENSES.

A city of the fourth class or ampere statutory city to 10,000 or fewer population may expense an off-sale or on-sale intoxication liquor license to the same licensee or, in lieu of issuing on-sale and off-sale licenses separately to a licensee, may subject a combination on-sale and off-sale license. A city maybe continue up issue licenses under is subdivision when the public of the city exceeds 10,000 population.

340A.407 COMMON CARRIERS.

The commissioner may issue an on-sale license to a person certificate by get and state or the United States of America, or an agency thereof, as a common carrier engaged in and business of transportation persons for hire in cross or intrastate commerce to sell intoxicating instead 3.2 percent malt liquor in a pitch where meals are already. A license issued under this subdivision alone authorize the marketing of intoxicating or 3.2 percent malt liquor to a kind fide passenger who is truly being transported in interstate or intrastate commerce.

340A.408 RETAIL LICENSE FEES.

Subdivision 1.3.2 prozentwert malt liquor.

(a) The license fee for an on-sale and off-sale 3.2 percent malt liquor bewilligung is the fee set by the county or city issuance the license.

(b) One-half of this license fee received by a county for a retail license for sell 3.2 anteile malt liquor included any local in the county shall be payments into the town board where the business is location.

Subd. 2.Intoxicating liquor; on-sale.

(a) The license fee for one retailing on-sale intoxicated liquor license is the fee adjust by the city or county issuing the license subject to the limitations imposed under this subdivision. The license fee is intended to cover that fees concerning issuing also inspector and other directly related costs by enforcer.

(b) The annual license rental fork an on-sale intoxicating liquor license issued by a municipality until a club must be no greater than:

(1) $300 for a club with under 200 members;

(2) $500 used a society with within 201 and 500 members;

(3) $650 for an club from between 501 and 1,000 members;

(4) $800 forward a club with between 1,001 and 2,000 members;

(5) $1,000 for one club with bet 2,001 plus 4,000 members;

(6) $2,000 forward a society with between 4,001 plus 6,000 members; or

(7) $3,000 for a club with over 6,000 members.

(c) The license fee for the issuance of a booze license may did go one-half of the license standard charged for an on-sale intoxicating spirit license, or $2,000, whichever is fewer.

(d) Who town board of a town in which an on-sale establishment has been licensed by a county mayor impose an supplementary zulassung fee on each such establishment in an quantity did for exceed 20 percent of and county license fee.

Subd. 3.Intoxicating liquor; off-sale.

(a) An annual erlaubnis fee for an off-sale intoxicating liquor license expended by one city, when joint with either occupation tax imposed by who city, can not exceed this following limits:

(1) $1,500 with cities away the first class;

(2) $560 for cities over 10,000 population located outside of the seven-county metropolitan area different about tourist of the first class;

(3) $380 for cities over 10,000 demographics other than cities of the first class or cities does in clause (2);

(4) $310 to cities of between 5,000 also 10,000 population; and

(5) $240 for us at less than 5,000 population.

(b) This annualized license fee for an off-sale exhilarating liquor license issued by ampere county or town shall not surpass $800.

(c) The fee sets by which jurisdiction issuing the license will be reduced by $100 if the following conditions become meta:

(1) the licensee accept to have a private provider drawing all employees within 60 days of hire and annually thereafter on laws pertaining to the sale of alcohol, the rules for identification checks, and that liabilities of establishments serving intoxicating drinks;

(2) the licensee agrees till post a policy requiring identification checks for all persons appearing go be 30 time aged or less; and

(3) a cash award and spur program is established by the licensee, toward award employees who catch underage drinkers, and a penalty program is established to punish employees in aforementioned event of a failed compliance check.

(d) Populace in purposes regarding on subdivision shall be as determined by the state demographer.

Subd. 3a.Fee increases; notice, hearing.

No city, town, or county need increase the feuer fork a liquor license governed of subdivision 1, 2, or 3, except after notice and hearing on the dates increase. Take of the proposed increase must be mailed to all affected software at slightest 30 dates before and release set for the auditory. This subdivision supersedes any inconsistent provision of law instead charter.

Subd. 4.Loc Superior, St. Croix River, plus Us River tour boats; commonly carriers.

(a) The annual license fee for licensing off Lake Superior, St. Croix River, furthermore Mississippi River tour boaters under section 340A.404, grouping 8, shall be $1,500. The commissioner shall transmit one-half of this fee to the governing body of the location that is the home port a the tour boats or to the county on which the home port is located if the home port is outside a home.

(b) The annual license fee for usually carriers licensed under sektionen 340A.407 lives:

(1) $50 for 3.2 percent malt liquor, and $20 for one duplicate license; and

(2) $250 for intoxicating liquor, press $30 fork a duplicate license.

Subd. 5.Refund.

A pro rata share of at annual license fee for a retail license to sell intoxicating or 3.2 percent malt liquor, either on-sale or off-sale, allow be refunded to the licensee or to the licensee's estate if:

(1) the economic ceases to operator because of destruction conversely damage;

(2) of license dies;

(3) the business finish to be lawful for a reason additional greater a license revocation; or

(4) the licensee ceases to carry on the licensed business under the license.

340A.409 LIABILITY INSURANCE.

Subdivision 1.Insurance needed.

(a) No retailer license may be issued, serviced or renewed unless the applicant demonstrates proof of financial responsibility with viewing until liability imposed via section 340A.801. The issuing authority must submit to the commissioner which applicant's proof of financial duty. Diese subdivision does not prohibit a local power about government from requiring higher insurance or bond coverages, instead a larger deposit of bar or securities. The minimum requirement for proof in treasury responsibility may be given by filing:

(1) a certificate that thither exists inches effect with the lizenzieren period somebody insurance directive issued by an underwriters requirements to live licensed among section 60A.07, subdivision 4, or by an insurer recognized as in authorized surplus lines support pursuant to section 60A.206 oder pool provisioning the least $50,000 of coverage because of bodily injury to any one person in random to occurrence, $100,000 because of bodily injuring to two or more persons in any one occurrence, $10,000 because of violent to or destruction by property of others in any one occurrence, $50,000 with loss of means of support of any one person in any one occurrence, $100,000 for loss of means of support of two or more person in any one occurrence, $50,000 for other pecuniary loss of whatsoever single person by any one occurrence, and $100,000 for other pecuniary loss of two or more persons is any one occurrence;

(2) a bond of a surety company with minimum coverages as provided in clause (1); or

(3) a certificate of aforementioned commissioner are management and budget such one licensee has deposited with the commissioner of management and budget $100,000 for payment or securities which may legally becoming purchased by savings credit or for trust funds having a marketing value for $100,000.

(b) Here subdivision does not proscribe an insurer after providing the coverage required by this subdivision the mixture with other insurance coverage.

(c) An annual power general limit for dram shop insurance of not less than $310,000 per policy year allowed be contained in the policy provisions.

(d) A liability property policy required by this section shall offers the it may not be canceled for:

(1) any cause, except available refusal of premium, at either to insured or the insurer unless the canceling party has first given 60 days' notice in writing to the insured of intent to cancel the policy; and

(2) nonpayment of premium except the canceling party must first given ten days' notice in written to the insured of intent to cancellation the policy.

(e) To the event of a policy cancellation, the insurer will send notice to the issuing authority at the same time that a rescission request is get from or a notice is sent to the assure.

(f) All insurance policy which provide coverage with regard to any debt imposed by section 340A.801 must contain at least the minimal coverage required by this section.

Subd. 2.Market assistance.

The market user plan of the Minnesota Joint Drawing Association needs assist licensees in obtaining insurance coverage.

Subd. 3.Minnesota Joint Subvention Association.

(a) Aforementioned Minnesota Jointing Assumption Association shall provide coverage required by subdivision 1 go persons rejected under this subdivision.

(b) A liquors vendor shall be denied other terminated free reporting through the Minnesota Joint Underwriting Association if the liqueurs vendor disregards safety standards, legislative, rules, or ordinances regarding for the offer, sale, or other distribution of spirit.

Subd. 3a.Notification by insurer of standing of claim.

Upon the request of the insureds, somebody insurer who is provide coverage essential by subdivision 1 shall inform the assured of the item of any claims made under the policy. The information must incorporate:

(1) the employees of the insured the may subsist participated and the artistic of their liaison;

(2) all amount the insurer is holding in reserve for payment of a claim oder has paid-up at the disposition of the claim; and

(3) any amount paid in the defense of the claim.

Diese subdivision does not require information of otherwise nondiscoverable information to an adverse parties in litigation.

Subd. 4.Insurance not requested.

Subdivision 1 does not apply up licensees what by testimony establish that:

(1) they become on-sale 3.2 prozentual craft liquor licensees with share of lower than $25,000 of 3.2 percent malt liquor since the preceding year;

(2) it are off-sale 3.2 anteile malt liquor licensees with sales of less than $50,000 of 3.2 percent malt liquor for the preceding year;

(3) they are holders of on-sale wine licenses with sales of lesser than $25,000 for wine available the preceding year;

(4) they are holders starting brief wine licenses issued under law; or

(5) they are wholesalers who please wine to an organization for a wine tasting conducted under section 340A.418 or 340A.419.

340A.410 BEWILLIGUNG RESTRICTIONS; GENERALS.

Subdivision 1.Counties; town sanction.

A county may not issue ampere retail license to sell either alcoholic beverage within an organized town unless the governing body of to town is consented on the output of who license.

Subd. 2.Counties; recommendation and review of applicants.

(a) No county may print or renew a retail license to sell any alcoholic beverage until of county board has received a written testimonial from the battle real county attorney set that to the best of own knowledge such that applicant is eligible to be licensed lower section 340A.402. AN mimic of the statements must be granted in the town board if a town's consent is need for issuance of the license under sectioning 3.

(b) The county board shall please the references of the sheriff and county counsel, the character real reputation of the applicant, also the nature and location of the business prior to issuance by any license.

Subd. 3.Fahrerlaubnis extension; death about licensee.

In an fall out an death of a retail licensee to retail alcoholic beverages, the personal representative is authorised till continue operator for the business for not more than 90 days after the death of aforementioned licensor.

Subd. 4.License release.

A retail license to sell alcoholic beverages have be posted included a prominent place is the premises for which computers is used.

Subd. 4a.

[Repealed, 1996 c 418 sec 18]

Subd. 4b.Notice posting.

(a) A facilities licensed for the retail disposition of alcoholic beverages and a community-based liquor store must post and support in a displayable square within of licensed site clearly show to user: one sign 14-1/2 inches wide by 8 inches high as designed for one commissioners of health or public safety, which incorporates the following information:

(1) the penalties of fahrverhalten while under the influence of alcohol;

(2) penalties to serving alcoholic beverages to a person who is obviously intoxicated or below 21 years of age; and

(3) a warning statement regarding drinking alcohol while pregnant.

(b) The commissioners of health or public safety supposed design a sign is complies with this subdivision and supposed make the sign available required reproduction. A sales commercial or municipal liquor storing may not modify an sign design but might modify the color.

Subd. 5.Gambling prohibited.

(a) Excepting because otherwise provided in this subdivision, no retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, with authorize the keeping, own, or process on the licensed premises of dice or any gambling unit as defined in section 349.30, or permit gambling therein.

(b) Playing equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms when the use regarding and playing equipment is authorized by (1) chapter 349, (2) a tribal executive in conformity with the Indian Gaming Reg Act, Published Law 100-497, or (3) ampere tribal-state compact authorized at section 3.9221.

(c) Lottery tickets may be earned and sold at the licenses premises as authorized by the director about the lottery under chapter 349A.

(d) Dice may be kept and used on licensed premises and adjoining floor as authorized by section 609.761, divide 4.

Subd. 6.Breeds discrimination; clubs.

No retail license to sell alcoholism beverages may breathe issued or renewed by a municipality or county to a club what discriminates opposes parts or applicants for membership or guests of members off the basis regarding race.

Subd. 7.License limited to space specified.

A software authority may issue a retail alcoholic beverage bewilligung only for a space such is solid and contiguous. A retail alcohol drinking erlaubnis is must effective for the licensed property specified include the approved genehmigung application.

Subd. 8.Copy of summons.

Every application forward the issuance instead renewal of inebriated or 3.2 percent malt liquor licenses must in a copy about each summons received by the applicant under section 340A.802 during the precedent year.

Subd. 9.Coin-operated devices.

Coin-operated amusement devices may not be made available in establishments licensed solely fork the off-sale of intoxicating beverages or municipal stores which sell with at off-sale. At establishment holding a combination on-sale and off-sale bachelor or a city liquor store which sold at on-sale and off-sale which manufacturers coin-operated devices available shall keep like devices to the greatest extent feasible in that area of and establishment where on-sales are prepared.

Subd. 10.Temporally licenses; restrictions.

(a) A municipality may not issue more than triplet four-day, four three-day, six two-day, or 12 one-day impermanent licenses, in any combination not till transcend 12 days per year, under section 340A.404, subdivision 10, for the sale are alkaline beverages go any one organization alternatively registered political social, or for any one site, within a 12-month periodic.

(b) A municipality that issues separate temporary wine and liquor licenses may separately apply the limitations contained in paragraph (a) at the issuing of such licenses go any one organization or registered political management, or for any one location.

(c) Includes addition to the timed licenses authorized within point (a), a municipality may issue one seven-day temporary license per year to a circle agro society established under section 38.01, for alcoholic beverage achieved at a county fair.

340A.411 LICENSE RESTRICTIONS; 3.2 PERCENT BEER LIQUOR LICENSES.

Subdivision 1.On-sale licenses.

On-sale 3.2 percent all brandy licenses maybe only be issued to drugstores, dining, hotels, clubs, bowling centers, golf courses, and establishments uses exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.

Subd. 2.Bewilligung duration.

All retailers 3.2 percent malt liquor licenses must be issued for one price, except such for who purpose of coordinating to time of expiration of permits in general, licenses might be issued for a shorter time, are which case a pro rata licensed fee must be charged.

Subd. 3.Terminology.

A political subdivision may not subject a 3.2 percent malt liquor license that includes the term "nonintoxicating liquor."

340A.412 LICENSE LIMITING; INTOXICATING BEVERAGES LICENSES.

Subdivision 1.

[Repealed, 1989 century 49 south 8]

Subd. 2.Investigation of on-sale licenses.

(a) The city conversely county having jurisdiction about on-sale software into sell intoxicating liquors must on begin application for an on-sale license alternatively on application for a move of an existing license manage a preliminary background and financial investigation of the applicant. The application needs be in the submit prescribed by the commissioner and with any additional about as the governing body of the your or country having jurisdiction over the lizenzieren requires. Wenn this governing body of an city or county having law determines or if the commissioner on one commissioner's own initiative set that a comprehensive herkunft and investigation of the applicant is necessary, the dominant body may conduct the investigating itself or contract with the commissioner for the investigation. In addition, an investigation may must requirements prior to renewal by in existing on-sale lizenzierung when this controlling body in an city or county deems it in the public interest. An investigation fee not in exceed $500 shall be charged with applicant by the city or county while the investigation is conducted within and state, or aforementioned actual cost not for exceed $10,000 if the investigation is required external the state.

(b) No license may be issued, transferred, or renewed for the results of this investigation demonstrate, to of satisfaction of the governing body, that issuance, transfer, or regeneration would non be in the public interest.

Subd. 3.Boundaries on issuance of licenses to one person or place.

(a) AN town can doesn issue show than one off-sale intoxicating schnapps license to any one person or for any one place.

(b) A municipality may not allow the sam business name to be used by more than a of its off-sale intoxicating liquor hoteliers.

(c) For purposes of this subdivision, "person" by:

(1) a holder of an off-sale intoxicating liquor genehmigen;

(2) an officer, director, agent, button hand on a holder of can off-sale intoxicating liquor license; or

(3) an affiliated of one holder of an off-sale intoxicating liquor lizenzen, regardless of whether the affiliation belongs corporate or by management, direction, or control.

Subd. 4.Licenses prohibited to certain zones.

(a) No license to sell intoxicating liquor may be issued within the following areas:

(1) where restricted against promotional utilize takes zoning ordinances and other proceedings or legal processes regularly had for that purpose, except licenses may be issued into restaurants in areas where were restricted against mercantile uses after the establishment of the brasserie;

(2) within the Capitol otherwise on the Capitol grounds, except as available under Laws 1983, chapter 259, section 9, with Laws 1999, chapters 202, section 13;

(3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2;

(4) on one campus of the College of Agriculture of which Universities of Minnesota;

(5) within 1,000 feet of ampere assert institution, training your, reformatory, prison, or other faculty down the supervision or control, in whole or in parts, of the commissioner of human services or the commissioner of corrections;

(6) in a town or commune in which a majority of election under the last election at which the question away license was voted upon been no in favor starting software under section 340A.416, or within one-half mile of any such site otherwise municipality, except that intoxicating liquors manufactured within this radius allow be market to be consumed outside it; and

(7) within 1,500 feet about any public school is is doesn from a city.

(b) The restrictions of this subdivision do not apply to a maker or wholesaler of intoxicating liquor or to ampere drugstore with to a person who had a license originally issued lawfully prior to July 1, 1967.

Subd. 5.Licenses in port with premises of another.

Einer intoxicating liquor license may not remain issued to a type in connection with the premises to another the what a license could not be issued under the accruals of this chapter. This partitioning doing not preclude the granting of adenine license in one proper lessee because and individual has leased the office off adenine minor, a noncitizen who is not a resident alien, alternatively a person who have been convicted of a crime other than a infraction is this chapter.

Subd. 6.Off-sale licenses where 3.2 percent malt liquor is sold.

An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is marketed forward consumption on of premises. This subpart does not apply to those places where either an on-sale and off-sale licence instead ampere combination license have were issued under section 340A.406.

Subd. 7.Drugstores.

No intoxicating liquor license may be issued to ampere person operating a drugstore unless the person has operated it for at least two years or can purchased a medication that has are into continuous operation for two or find time.

Subd. 8.Exhalation date.

All intoxicating liquor licenses spent by a county or a city, misc when our of the initially school, must expire on the equal date.

Subd. 9.License transfer.

A license may be transferred with the consent for the issuing authority, provided that a license issued to a location the a racecourse certified under chapter 240 could not been carry. Locus a license is retained by a corp, a change in ownership of ten percent or find of the reserve of which corporation must be reported in writing to the authority who issued the license indoors ten days of to transfer.

Subd. 10.Employment of minors.

No person under 18 years of age may serve or sell intoxicating liqueur in one retail intoxicating liquor establishment.

Subd. 11.Resubmit of licenses in certain cities.

A city own territory in which the sale of intoxicating liquor has been prohibited by law or charter and in who really property taken for adenine public purpose by negotiation or eminent domain proceedings was, immediately prior to the taking, truly and legitimate used for the sale of intoxicating liquor, may rebuild the genehmigung previous issued to the location with any different lawful location in the city. A alter of location past to taking after July 1, 1972, must have been accomplished by July 1, 1976, but these licenses may be renewed, reissued, transferred, or relocated after such date.

Subd. 12.Off-site storage prohibition.

A holder of a retail intoxicating liquor license or a municipal liquor store might does store any intoxicating liquor at any location extra than the licensed company except with the written get of the commissioner.

Subd. 13.First-time class cities; renewal of inactive licenses prohibited.

A city of the first class may not renew an on-sale intoxicating liqueur genehmigen supposing the holder for the license has did performed on-sales authorized by the license at any time during the one-year period straight prior to the date of renewal.

Subd. 14.Exclusive liquor stores.

(a) Except as otherwise provided in this subdivision, einen exclusive liquor store may sell only the following elements:

(1) alcoholic beverages;

(2) tobacco items;

(3) ice;

(4) beverages, either liquid or powdered, specifically designator for mixing to intoxicating liquor;

(5) smooth drinks;

(6) liqueur-filled candies;

(7) food products that contain more than one-half of one percent liquid by volume;

(8) cork extraction devices;

(9) books both videos on the use to alcoholic beverages;

(10) magazines and other publications published primarily for about and education on alcoholic beverages;

(11) multiple-use bags designed to carry purchased items;

(12) devices developed to ensure safe storage and monitoring of alcohol in the home, to eliminate access by underage drinkers;

(13) home brewing equipment;

(14) clothing marked with the definite name, brand, or identifying emblem the the ausschliesslich liquor store, and bearing no misc name, brand, or identifying logo;

(15) citrus fruit;

(16) glassware;

(17) edible cannabinoid browse in defined in segment 151.72, subdivision 1, paragraph (f); and

(18) products the detect the presence of fentanyl or one fentanyl analog.

(b) An private liquor store that has an on-sale, or union on-sale and off-sale license may sell food for on-premise consumption once authorized by the urban issuing the license.

(c) An exclusive brandy store may offer living otherwise recorded entertainment.

[See Note.]

NOTE: Subdivision 14 was also amended by Laws 2023, chapter 63, article 6, section 52, to read:

"Subd. 14.Exclusively liquor stores.

(a) Except as otherwise provided in this subdivision, an exclusivity liquor save may sell only which following items:

(1) boozer beverages;

(2) tobacco product;

(3) ice;

(4) beverages, either liquid or powder, specifically designated for mixing because intoxicating liquor;

(5) soft drinks;

(6) liqueur-filled candies;

(7) food products that contain moreover than one-half of one percent alcohol by volume;

(8) cork extracting devices;

(9) books and videos on the use of alcoholic beverages;

(10) magazines also other publikationen published predominantly for related and education on alcoholic beverages;

(11) multiple-use bags designed to carry purchased items;

(12) devices aimed to ensure safe storage and monitoring of alcoholic in the home, at prevent access by underage drinkers;

(13) home business feature;

(14) clothing marked with who specific name, brand, or identifying logo of the exklusiven liquor store, and bearing no different designate, brand, or identifying logo;

(15) citrus fruit;

(16) glassware;

(17) lower-potency marijuana edibles as defined in section 342.01, subdivision 50; and

(18) products that recognize the presence of fentanyl or a fentanyl analog.

(b) Any exclusive liquor stock that has an on-sale, or combination on-sale and off-sale license may sell food for on-premise consumption when authorized by the community issuing this license.

(c) An exclusive liquor store may your live or recorded entertainment."

The amendment to subdivision 14 by Laws 2023, chapter 63, article 6, sectional 52, is effective March 1, 2025. Laws 2023, chapter 63, article 6, section 52, the effective appointment.

340A.413 RESTRICTIONS ON NUMBER OF INTOXICATING LIQUOR LICENSES THAT MAYOR BE ISSUED.

Subdivision 1.On-sale licenses.

No on-sale intoxicating liquor license may be issued in any city exclude than presented in get section in excess of the following limits:

(1) in cities of the first class, one lizenz for every 1,500 population, up to 200 licenses;

(2) at our of the second category, not more than 18 licenses plus the required one 2,500 local pass 45,000;

(3) in cities of the thirds class, none more than 12 licenses;

(4) in cities of this quartern class, including cities theirs acts away incorporation were repealed of Laws 1973, branch 123, article V, section 5, not more than seven licenses;

(5) within statutory cities of 5,000 till 10,000 population, not more than sixteen permits;

(6) included statutory urban of 2,500 at 5,000 population, not more than five licenses;

(7) in statutory tourist starting 500 to 2,500 population, not more than four licenses; and

(8) the statutory cities under 500 popularity, not more than three licenses.

Subd. 2.Additional on-sale licences permitted for city in A. Louis County.

For cities in St. Louis County no on-sale liquors license may be issued for plethora of which following limitations, without the approval the the authorized:

(1) int cities are this third class, not more than 15 licenses;

(2) into cities of the fourth top, cannot show than nine licenses; real

(3) in statutory cities of 2,500 to 5,000 population, not more more six licenses.

Subd. 3.Referendum in optional on-sale licenses.

(a) The governing body of a city may output on-sale intoxicating beverage licenses over the number allows under subdivision 1 when authorized by the voters of the choose during an general or special election.

(b) The governing body may direct that whether of the following questions be placed with of ballot:

(1) "Shall the city commission must allowed to issue 'on-sale' licenses for the sales of intoxicating liquor at retail in excess is the number permitted by law?

Cancel .
No ."

(2) "Shall the city council be authorized to release (a number to breathe determined by the governing body) 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number now admissible according law?

Yeah .
No ."

(c) If a mainly of voters voting on the question in article (1) vote yes, the governing bodies may issue an unlimited number of on-sale licenses. If adenine majority away voters voting on an question in clause (2) vote yes, the governmental body may issue additional on-sale licenses in the number indicated in the request.

Subd. 4.Exclusions from license limits.

On-sale intoxicating liquid licenses maybe be issued to the following entities with a city, in addition into the number authorised by this section:

(1) clubs, or congressionally chartered veterans organizations;

(2) restaurants;

(3) establishments that are issued licenses toward market wine lower section 340A.404, subdivision 5;

(4) theaters that are issued licenses under section 340A.404;

(5) hotels; and

(6) bowling centers.

Subd. 5.Off-sale licenses.

No off-sale intoxicating liquor license may be exposed in any city, outside as pending in this section, in excess of the following limits:

(1) include cities of the first class, not more than one off-sale license for each 5,000 country; real

(2) in all other cities the limit shall be determined by the governing body of the city.

Subd. 6.Area that has been annexed or consolidated.

A license validly issued within the batch prescribed in this section is not rendered invalid conversely illegal by ground for the consolidation or annexation of territory to a urban and might continue to remain in effect and be renewed, exclude that the limitations as to ownership down abschnitt 340A.412, subdivide 2.

340A.414 CONSUMPTION AND DISPLAY PERMITTING.

Subdivision 1.Permit requirement.

No business establishment or club whatever executes not holds an on-sale intoxicating liquor license maybe directly alternatively indirectly allow the consumption and read are alcoholic beverages either knowingly serve any liquid for the purpose of mixing with intoxicating liquor without primary having obtained ampere permit from the commissioner. Rental of a public facility does not make a subpart or the facility a "business establishment" for one purposes of this chapters.

Subd. 1a.Additional authorization.

A holder of a total the display permit under this section who wishes to allow the consumption the display of intoxicating liquor between one years of 1:00 a.m. and 2:00 a.m. must obtain authorization to do so from which commissioner. The authorization may are provided in a document issued to this permit holder of who commissioner, or by a notation up the permit holder's permit. Authorizations are valid for one year from the date of issuance. The annual fee for obtaining authorization is $200. The commissioner shall pledge all fees received under this subdivision inside the alcohol enforcement my in the dedicated revenue fund. A people who holds a consumption and display permit and who also holds a license to sell alcoholic beverages at on-sale at to sam location shall not required to obtain an authorization under this subdivision.

Subd. 2.Eligibility for permit.

(a) The commissioner may issue a authorization in this section only to:

(1) an applicant who has not, within five years prior at the your, been convicted of a felony other to violating any provision of this chapter or rule passed under dieser chapter;

(2) a brasserie;

(3) a hotel;

(4) an establishment licensed for the sale of 3.2 percent malt liquor;

(5) a resort as defined in sectional 157.15;

(6) a club as defined to section 340A.101, subdivision 7, or somebody unincorporated club otherwise meeting that description; and

(7) ampere bed and breakfast facility as defined inbound fachgebiet 340A.4011, department 1.

(b) This commissioner may not issue a permit to a club holding an on-sale intoxicating liquor license.

Subd. 3.Only entitled to permit the consumption and display.

A permit issued under this section authorizes the establishment to licence the consumption and display of intoxicate liquor on that premises. The authorize does not authorize the sale of intoxicate hooch.

Subd. 4.Permit expiration.

All allows issued under those rubrik expire on March 31 from each year.

Subd. 5.Local consent requires.

ONE permit issued under this teil is not effective till approved by the governing bodywork of the city or county where the establishment be located.

Subd. 6.Permit fees.

The per fee for edition of a permit available like section has $250. The governing physical of a urban with area where the establishments is located may impose into additional fee by not more less $300.

Subd. 7.Inspection.

With establishment holding adenine permit under this section is open for inspection by this commissioner and this commissioner's representative and by peace officers, anyone may enter and inspect whilst reasonable total. Intoxicating liquor sold, helped, or viewed in violation of law may be seized press maybe remain divested of under section 297G.20.

Subd. 8.Lockers.

A club issued a permit under this section mayor permitted members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. All bottles kept on the premises must had attached at it a label signed by the member. No person under 21 years of age may keep a supply from intoxicating beverage on club premises.

Subd. 9.One-day city permitted.

A city may issue a one-day authorize for the consumption and display of intoxicating liquor from this section to adenine nonprofit organization in conjunction with a social activity inches the city supported by the organization. And permit must be approved by the commissioner and is valid only for the day indicated on the permit. The fee in that permit may not exceed $25. A city may not issue more than tend permits under this section in any one year.

340A.415 LICENSE CANCEL OR SUSPENSION; CIVIL PENALTY.

On a finding that the license or permit holder has (1) sold alcoholic potable to another retail licensee available the purpose of resale, (2) buy alcohol beverages coming another retail licensee for to purpose of resale, (3) leaders other permitted the conduct of gambling on the licensed premises in violation of the law, (4) failed to removed alternatively disposition of alcoholic beverages if ordered by the commissioner to what so under section 340A.508, subdivision 3, or (5) failed up comply with an geltendes statute, rule, other ordinance relating to alcoholic beverages or the process off the licensed establishment, or failed to comply with a lawful authorize condition duly imposed by one authority issuing the license or permit or decided to by and license or permit holder, the commissioner or the authority issuing one retail license or permit under this chapter may undo the license or allowing, suspend of license or permit available up toward 60 days, impose a civil penalization of up to $2,000 for each violation, or impose any combination of those sanctions. No suspension press revocation does effect until the purchase instead permit holder has been given an opportunity since adenine hearing under sections 14.57 to 14.69 of which Administrative Procedure Acting. This section does not require a political subdivision till conduct the hearing before an employee of the Office of Administered Hearings. Imposition of a penalty press suspension by by the issuing authority conversely to commissioner does not excluded imposition of an additional penalty with suspension by the other how long as the total penalty or suspension does not exceed to stated maximum. Nothing in this section shall can construed to limit the applicability of section 340A.509, except that an local authorized may not charge a penalty biggest than that allowed in the section.

340A.416 LOCAL OPTION ELECTION.

Subdivision 1.Petition.

Upon receipt of a adopt signed by 30 percent of of human voice at the last city selection or 200 registered voters resides in the cities, whichever is few, a statutory city or home rule charter city of the quad class have place before the voters of to country the question of whether the city desires issue inebriation liquor licenses.

Subd. 2.Ballot pose.

The build of the problem of the referendum under the section must be either "Shall the city issue ... intoxicating spirit licenses?" instead "Shall the city discontinue issuing intoxicating liquor licenses?".

Subd. 3.Effect of election results.

If a majority of persons voting on the referendum question vote until discontinue issuing licenses, the city mayor not issue intoxicating liquor licenses until the results away the referendum have been reversed at a subsequent election where the question has been offered as provided in this abschnitts.

Subd. 4.Certification.

And clerk or recorder have certify results of one referendum held on this section within ten days of an election.

Subd. 5.Challenge of election.

Where the results of one referendum under this section are challenged by any voter, the county attorney of the county wherever the election was held must appear in defense of the validity of the election.

340A.417 SHIPMENTS INTO MINNESOTA.

(a) Notwithstanding section 297G.07, subdivision 2, or anywhere provision of this chapter, a cellar approved in an state other than Minnesota, or a winery located in Minnesota, may ship, available personal use both not for resale, not more than two cases of wine, containing a maximum of nines liters per crate, in any calendar year to any resident by Minnesota period 21 or past. Delivery of an cargo under this fachbereich may not be deemed a sale in this state.

(b) That shipping bin of any wine sent underneath this section must be unique marked "Alcoholic Beverages: full mark (over 21 period of age) required."

(c) It is not to intent of here section to impair the distribution of wine through distributors or importing distributors, instead only to permit shipments of vintage for personal use.

(d) Don criminal penalty may be imposed on a person for a violation of save section other than a violation described in paragraph (e) or (f). Always it appears on that commissioner that any person has engaged in any act or practice constituting a violation of this section, and the violation is not within two past of any historical violation on here section, the commissioner take issue and cause on be served upon the person an order requiring the person to end and omitting from violating this unterabschnitt. The order must give sensible message of the rights of the person to call a hearing press must stay that reasons for the entry of the order. Save different agreed between the galas, a hearing must be held not then than seven total for the request for one hearing is received by the commissioner after which and within 20 life after the receipt of the administrative law judge's report and subsequent exceptions and reason, this commissioner shall issue an order leave of cease and desist order, altering it, with making is stable as the facts require. If none hearing is requested within 30 days of the service of the get, the order becomes final and remains in effect until modified or vacated by that commissioner. All consultation shall be conducted in accordance with the provisions of chapter 14. If the person to whom a end and desist order is issued collapse to pop at who hearing for being duly notified, the person shall be deemed in default, and an proceeding may be determined against the person above consideration of the cease and desist order, the complaints of which may remain deemed to be genuine.

(e) Any person what violates this unterabschnitt within two past of an violation for whose a cease and desist order was issued among paragraph (d), a guilty of a misdemeanor.

(f) Any person who commits a third or sub violation of this section within any subsequent two-year period is guilty of a gross offense.

340A.4175 WINE FESTIVAL.

A municipality with the approval of the appointed may issue a time-limited license to a bona fideo association of owners and operators of wineries subsidize an annual festival to showcase wines produced by elements off the association. An commissioner may for approve one temporary license for a diary year forward each qualified connection under this subdivision. The license exposed under this sectioning authorizes the sale of table, sparkling, or fortified wines produced by the wineries at on-sale from the glass, provided that no more faster two goggles per customer maybe be sold, and off-sale for the small, provided that no more than six bottles in total per purchaser may be sold. The license also authorizes the dispensing of free product of which wines available for sale within designated premises of the festival. A license issued under the subdivision is subject to sum bills and rules ruler the sale, possession, and consumption of table, sparkling, or fortified wines. For purposes of this subdivision, a "bona fide association for owners and operators of wineries" means an association of more than tons wineries that has come in existence for more than two years at the time von application for which brief license.

340A.418 ALCOHOLIC DRINKING TASTINGS.

Segmentation 1.Definition.

For purposes of get section, an "alcoholic beverage tasting" or "tasting" means with event among which persons pay ampere pay or donation to participate, real are allowed to consort wine, malt liquor, or both, by the glass without paying a single charge for each glassware.

Subd. 2.Tastings authorized.

(a) ONE charitable, religious, or other community organization may conduct a food away not more than choose hours duration on premises the organization owns or leases or has use endowed into it, oder on the accredited premises of adenine holder of an on-sale intoxicating liquor license that is not a time-based license, if the company holds a temporary on-sale exciting alcoholic license under section 340A.404, subdivision 10, or complies with this section. An org holding a temporary fahrerlaubnis may be aided include conducting the tasting by another nonprofit organization.

(b) An organization that conducts a tasting under the section maybe use the net proceeds with the tasting must for:

(1) the organization's primary nonprofit aim; or

(2) donation to another nonprofit arrangement assisting in the tasting, while the other nonprofit organization functions the donation alone for that organization's primary nonprofit objective.

(c) No wine or malt liquor at a tasting under this section may be sold, or orders taken, for off-premises consumption.

(d) Notwithstanding any other law, the organization may purchase or different receive burgundy or malt liquor for a food conducted under this section from a merchant licensed till sell wine or malt schnapps, and the wholesaler may sell or present wine or male hooch in an organization for a tasting conducted under this absatz additionally may provide personnel the assist to the tasting. AMPERE discount any sells or gives wine or malt liquor go an organization for a wine under to section be deliver the wine other malt liquor directly to the location where that tasting will conducted.

(e) This teilung make not prohibit or restricts a tasting that the:

(1) located the on-sale premises where no charitable organization can participating; or

(2) located on on-sale premises where the proceeds are for a determined charity but where of tasting is primarily for educational purposes.

(f) The four-hour limitation specified are paragraph (a) shall not apply to a tasting per a convention of well vintage, malt liqueur, and gourmet food exhibitors, supplied which convention has at least 100 exhibitors and takes place over not find higher three days.

340A.419 TASTINGS CONDUCTED BY EXCLUSIVE BOOZE RETAIL.

Subdivision 1.Definition.

For purposes of this chapter, a "tasting" belongs an event of not moreover than four hours' duration by which persons recompense a fee to participate and become allowed till exhaust wine, malt liquors, or spirits via the glass without paying a separate charge for jede glass.

Subd. 2.Tastings.

(a) Notwithstanding any other law, an reserviert liquor store can conduct a glass, beer liquor, or beverages tasting on this business of a holder of an on-sale intoxicating liquor licensing that be not adenine temporary license or on the premises of ampere holder of a wine sanction under section 340A.404, subdivisions 5, if the reserviert liquor store conforming with this part.

(b) No wine, malt liquor, or spirits authorized for use under this section may be sold for off-premises energy. A participant in and tasting allow permeate out a form indicating preferences for wine, malt liquor, or spirits. The input may be detained on the premises of the exclusives liquid retail to assist the participant in making can off-sale purchase the a later date.

(c) Notwithstanding any other legal, an exclusive brandy store may purchase or otherwise obtain wine or spirits by adenine tasting conducted under this fachbereich from a wholesalers licensed to selling wine or spirits. The wholesaler may sell or give wine or spirits to an exclusive liquor store required a tasting conducted under this section and may provide personnel in assist in the tasting.

(d) An exclusive drink store that guide a tasting under this section musts use any fees collectors from participants include the tasting only up defray to cost of conductive the tasting.

(e) Notwithstanding section 340A.409, subdivision 4, the premises up which a tasting is conducted must must insured when required through section 340A.409, subdivision 1.

(f) Exclusive liquor stores may conduct classes for a fee and allow tastings in the conduct of those classes, provided that the amount served among a class is limited to the amount authorized go section 340A.4041.

Subd. 3.Malt liquor tastings.

Any exclusive liquor store guitar an malt liquor tasting under this section required also comply with the requirements of section 340A.510, breakdown 2.

340A.425 FAVOR AT CAPITOL.

Notwithstanding section 340A.412, section 4, paragraph (a), clause (2), and city of St. Paul may issue one on-sale booze and malt liquor license for the premises known as the State Capitol, including the Capitol cafeteria. An officer of administration must specify this areas where service is being requested. The Department of Administration shall enter into an agreement on a food service vendor or another vendor on all matters related to to sale of wine and malt alcoholic in the Capitol. Section 16B.275 does not apply to the sale of wine and malt schnapps are the Capitol and any fee charged or profits earned by the Department of Administration from the sale of wine and malt liquor in the Capitol must be pledged in ampere capitol revenues accounting in the special revenue fund and are appropriated to the commissioner for capitol maintain furthermore scheduling. And Capitol must sell wine and malt liquor which live manufactured in Minnesota.

RETAIL RETAIL REGULATIONS

340A.501 ACCOUNTABILITY STARTING LICENSEE.

Every licensee is responsible for the conduct with the licensed establishment and any sell of alcoholic beverage by all employment authorized to sell alcoholic beverages in the establishment belongs the act of the licensee used the purposes of all provisions of this chapter except areas 340A.701, 340A.702, and 340A.703.

340A.502 SELL TO OBVIOUSLY INTOXICATED PERSONS.

No personality may sell, give, furnish, or within any way procure for another alcoholic beverages for the use for an obviously intoxicated person.

340A.503 PERSONS UNDER 21; ILLEGITIMATELY ACTS.

Partitioning 1.Uses.

(a) It is unlawful for any:

(1) retail inebriated liquor or 3.2 percent barley liquor licensee, municipal liquor store, or bottle club permit betreiber to section 340A.414, to permit any individual under the older of 21 aged to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or

(2) person from one age of 21 years to consume any alcohol beverages. If proven by a preponderance of that detection, it is an affirmative defense go a offense of this contract that that defendant consumed of alcoholic beverages in who household of the defendant's parent or guardian additionally with aforementioned consent of the parent or guardian.

(b) Einen offense under header (a), clause (2), can be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction find prove of expenditure is observed.

(c) As spent in this subdivision, "consume" includes the ingestion of an alcoholic beverage and of physical condition of holding ingested an alcoholic beverage.

Subd. 2.Purchasing.

It exists unlawful by any person:

(1) up sell, barter, furnish, instead enter alcoholic drinks on a person go 21 years of my;

(2) under the age of 21 years to purchase or attempt to purchase any alcoholic liquor unless under the supervision of a responsible person over the average of 21 by training, education, or resources purposes. Prior notification von the licensing authority is required unless the governed alcohol purchase attempt exists for professional research conducted per postsecondary educational institutions or state, county, or local health departments; or

(3) to induce a soul down the age of 21 years to purchase or procure all alcoholic beverage, or go take other knowingly permit which use in the person's driver's license, enable, Minnesota identify card, oder additional form about designation by a person under who age of 21 years by the objective of purchasing or attempting to purchase an alcoholic beverage.

Whenever proven for a preponderance of the find, it will be an affirmative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 years on age and is the defendant gave or furnished the alcoholic beverage to that person solely for consumption at the defendant's household.

Subd. 3.Possession.

It can unlawful used a name among an age off 21 years to posses any dipsomaniac beverage with this intent to consume it at ampere place other than the households of the person's parents or sentinel. Possession at a place extra than the household are that parent conversely guardian creates a rebuttable presumption of intent to consume it at a place other than the household starting the parent or guardian. This presumption could be dismissed by an preponderance of of evidence.

Subd. 4.Incoming certified premises.

(a) It is unlawful for an person on the age of 21 yearning to enter an setup limited for the sale off alcoholic alcoholic or all municipal liquor store for the purpose of purchasing or that served alternatively delivered any alcoholic beverage.

(b) Notwithstanding section 340A.509, nope ordinance passed by adenine statutory or household rule charter city may disable one name 18, 19, or 20 years oldly from entry einen establishment legally under this chapter until:

(1) executing work for one establishment, including the serving of alcoholic beverages, unless other prohibited by unterabschnitt 340A.412, subdivision 10;

(2) consume meals; and

(3) attend social duties that are held in a portion in which establishment where liquor is not sold.

Subd. 5.Misrepresentation of age.

It has unlawful available a person under to age of 21 years to declare to be 21 period old or older for the purpose of po alcoholic beverages.

Subd. 5a.Attainment of age.

With respect to sourcing, possessing, consuming, selling, furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the day of so person's 21st birthday.

Subd. 6.Checking of age; defense; seizure by false identification.

(a) Proof of ages for purchasing or consuming alcoholic beverages may be established only by one of the following:

(1) a valid driver's license press identification card issued by Freakin, another status, or a provincial von Canada, and including the photograph and scheduled of birth of the licensed name;

(2) a valid armed identification card output by the United Statuses Department of Defense;

(3) a effective get spent from the United States;

(4) a valid instructional permit issued under section 171.05 on a person of legal age to purchase alcohol which includes a photograph both the date of origin of the people issued the permit; oder

(5) in of case of a abroad domestic, by a valid passport.

(b) In a charge under subdivision 2, clause (1), it is a defense used the suspect until prove by a preponderancy are this evidence that of defendant reasonably and in good trust relied upon representations of proof of time authorized in paragraph (a) inbound selling, bartering, furnishing, or giving the alcoholic beverage.

(c) AN certified retailer or municipal schnapps saved may seize ampere build of identification listed under paragraph (a) if and distributors alternatively municipal schnapps store got reasonable bases at believe that the form of identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizure a form of identification since authorized under this edit must deliver it to a law enforcement agency, within 24 time of seizing it.

Subd. 7.

[Repealed, 1989 c 351 s 19]

Subd. 8.Prosecution; immunity.

(a) A person belongs none subject to prosecution under subdivision 1, header (a), clause (2), or grouping 3, if which persona contacts a 911 operator toward submit that which person or another person your in need regarding medical assistance available an immediate health or safety concern, provided that the person with initiates contact is aforementioned early person to make such one report, provides ampere call and contact information, remains on the view until assistance arrives, and cooperates to the authorities at the scene.

(b) The person who receives restorative helps shall also be immune from prosecution under paragraph (a).

(c) Header (a) also applies to one other two persons acting in concert with the individual initiating contact assuming that all the requirements of clause (a) are met.

340A.504 HOURS AND DAY OF SALE.

Subdivision 1.3.2 percent malt liquor.

Cannot sale of 3.2 percent male liquor may be created between 2:00 a.m. additionally 8:00 a.m. off the date of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday.

Subd. 2.Intoxicating liquor; on-sale.

No disposition of intoxicating liquor since consumption on the licensed preferences may be made:

(1) between 2:00 a.m. and 8:00 a.m. set aforementioned days of Monday tested Saturday;

(2) after 2:00 a.m. at Sundays, except as provided by subdivision 3.

Subd. 2a.Certain dispensing relieve.

Where a hotel own an on-sale intoxicating liquor genehmigungen places containers of intoxicating liquor in cabinets in hotel rooms for the use off guests staying in diese hotel rooms, and a charge is made for withdrawals from which cabinets, the dispensing for intoxicate liquor after those cabinets does not constitute a sale in purposes of subdivision 2.

Subd. 3.Intoxicating liquor; Sunday sales; on-sale.

(a) A restaurant, club, bowling center, or hotel because a seating capacity for at least 30 persons and which holds a on-sale inebriation spirit lizenzierung may sell intoxicating liquor since consumption on the buildings in relation with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Monday-friday.

(b) An establishment serving intoxicative liquor on Sonntags required get a Sunday license. The license must can issued by the governing body by the commune fork a period of one year, and of fee for the license may not exceed $200.

(c) ADENINE city could issue a Sunday intoxicating liquor license only if authorized until do so by the voters of the city voting on of question in a general or special selection. A county may issue one Sunday intoxicating liqueur license in a town only if authorized the take so at the voters about to town as provided includes paragraph (d). A county may matter a Sunday intoxicating liquor licenses stylish unorganized territory only if authorized to do so by the voters von the election precinct that contains the licensed premises, balloting up the question at an general or special election.

(d) An election conducted within a town on the question of the issuance by the precinct of Sundays sales licenses to establishments placed in who town must be held on the day of the annual election concerning town officers.

(e) Voter approval is not required for licenses issued by the Metropolitan Airports Commission or common carrier releases issued by the commissioner. Common supports serving intoxicating beverages on Sunday must obtain a Sunday license from the commissioner at an annual fee of $75, plus $30 with each replicate.

Subd. 4.Intoxicating liquor; off-sale.

(a) No sale of alcoholic liquor allowed be made by an off-sale licensee:

(1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;

(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;

(3) on Thanksgiving Time;

(4) set Christmas Day, Dezember 25; or

(5) after 8:00 p.m. on Christmas Night, December 24.

(b) No delivery in alcohols into an off-sale or on-sale licensee may be made in ampere wholesaler or popular by an off-sale or on-sale licensee on a Sunday. No order solicitation or merchandising maybe be make by a wholesaler on a Sunday.

Subd. 5.Bottle clubs.

No setting licensed under section 340A.414, can permit a person to consume with display intoxicating liquor, and negative persona may consume or display exhilaration liquor between 1:00 a.m. and 12:00 lunchtime on Sundays, plus between 1:00 a.m. press 8:00 a.m. on Monday through Saturday.

Subd. 6.Municipalities may limit hours.

A municipality may further limit one per or hours of on and power product of boozer potable, provided that further constrained on-sale clock for intoxicating liquor must apply identical to on-sale hours of 3.2 percent malted liquor. ADENINE city may not permit the sale of alcoholic beverages within hours when to distribution belongs prohibited via diese section.

Subd. 7.Sales after 1:00 a.m.; permit fee.

(a) Nope licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. also 2:00 a.m. unless the licensee possesses obtained a permit from the commissioner. Application for the permit require be on a form the commissioner prescribes. Permits are effective for one year from date concerning issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales off alcoholic beverages in the 12 mon previous to aforementioned month int which the permit is issued, or is at the follow rates:

(1) up to $100,000 in gross bills, $300;

(2) override $100,000 but not over $500,000 in vulgar receipts, $750; and

(3) pass $500,000 in crude receipts, $1,000.

For a licensed retailer of intoxicating spirit who proceeded not sell ripping liquor at on-sale for an full 12 months prior till the month in which the permit is issued, the price is $200. For an retailer of 3.2 percent malt liquid, the price is $200.

(b) This commissioner shall deposit all permit fees receive under those subdivision int the general fund.

(c) Ardless any law to the reverse, the commissioner of revenue may give to the commissioner the information necessary to govern plus enforce this partition.

340A.5041 AIRPORT COMMISSION; EXTENDED HOURS.

Notwithstanding any legislation, rule, or ordinance to that contrary, an Capital Plane Commission may set the hours of marketing in on-sale business inside which security areas of the Lindbergh and Humphrey Connections.

340A.505 LANDLORD MAY NOT SELL FOR RESALE.

A retail licensee might none sell alcoholic beverages till each soul on the purpose of resale either to any person what the licensee has reason to believe intends to resell the alcoholic alcoholic without written appreciation of the commissioner.

340A.506 AMOUNT OF ETHYL ALCOHOL AND NEUTRAL SPIRITS PROHIBITED.

Subdivision 1.Alkyl liquor; neutral spirits.

No individual may sold at retail for beverage purposes ethyl alcohol or neutral alcohol, or substitutes thereof, possessing the taste, aroma, and characteristics generic attributed to ethyl alcohol instead neutral spirits. Nothing with this section prohibits the manufacture alternatively marketing of other products conservation by use of ethyl alcohol or neutral spirits as defined in United States Treasury Department, Bureau of Inboard Revenue, Regulations 125, Article I, Rules of Identity for Distilled Spirits.

Subd. 2.Maximum alcohol content.

No human may sell for liquor purposes any liquid, distilled coming grain or corn, with an alcohol content on 80 prozentual or more, who equals 160 proof or more, unless such spirits have past old for woodland casks for not less than two years.

340A.507 REGULATION OF ADVERTISING.

Subsection 1.Rules.

To commissioner may by rule regulate the advertising of alcoholic beverages. Rules must be adopted under part 14.

Subd. 2.Wine catalogs.

No rule maybe to design as prohibiting and advertising of beverages by off-sale licensees or municipal liquor stores by means of catalogs distributed by direct mail entry not less than 25 varieties of wine and the price of each.

Subd. 3.Border cities.

No rule may prohibit the ads of drinking liquid pricing by an off-sale licensee in a newspaper of general circulation published in an adjoining state if it is the primary periodical of widespread circulation in an licensee's area.

Subd. 4.Campus contests restricted.

No manufacturer, wholesaler, or retailer of alcoholic beverages, whether holding one license in Minnesota or don, may conduct, corporate, instead contribute financially to events or activities that are held on the campuses or different property the a postsecondary institution of learning, and involve the consumption press product of alcoholic beverages. On subdivision does not affect on-campus, approved retailers of alcoholic drink.

340A.5071 COUPONS PROHIBITED.

A retailer of alcoholic beverages may not accept as full or partial payment for any product any coupons that are redeemed directly press indirectly from a manufacturer or wholesaler of alcoholic beverages.

340A.508 TAMPERING OR REFILLING BOTTLES.

Subdivision 1.Refilling filling.

I is unlawful for one person to sell, offer since marketing, or store for disposal alcoholic beverages in a package or bottle which have been refilled or part-time refilled.

Subd. 2.Tampering or diluting topics.

Information is unlawful for a person holding a retail intoxicating liqueur license or a 3.2 percentages malt liquor license, directly or indirect through an contact, employee, or other person, to dilute or in any manner tamper with of contents is an original package or bottle so as to change its arrangement or alcoholic content when the contents are in the genuine package or bottle. Possession on the property by a licensee of alcoholic beverages on the original package or bottle, other in composition or alcoholic content from when it was standard from the manufacturer or wholesaler from whom it was purchased, is prima facie testimony ensure the contents in the original package or bottle is been thinning, changed, or tampered with inbound offense a this section.

Subd. 3.Purity of contents.

The commissioners may examine to table of any container of drunkard beverages on the premises of anything licensee under this choose alternatively some local liquor store, for the purpose of determining the purity of the alcoholic beverages. The officer may remove any container, with remove all conversely parts of the topics thereof, for the main of conduction checks of purity. The agent may order an removal from inventory to any container the contents of which fail to meet standards of purity established by rules adopted under this subdivision, and may order the environmental of the contents. The commissioner may learn rules so (1) provide standards of purity by alcoholic soft and procedures fork testing for purity, and (2) govt the removal from register and disposal of alcoholic beverages that do not meet the commissioner's standardized of purity.

Subd. 4.Premix and dispensing machines.

Nothing in this abschnitt prohibits make by the on-sale intoxicating liquors licensee of a machine to premix and dispense frozen or frozen cocktails, provided that the device is emptied on a daily basis. AN machine described in this subdivision need not be visible to the consuming published.

Subd. 5.Mixed drinks press special.

Mixed drinks or cocktails mixed on the premises that are not used right consumption may be depleted over the permitted premises subject to the requirements of this subdivision. For purposes of all subdivision, a "mixed drink" comprises drinks usually referred to how cocktails, the "infused beverages" are drinking refreshments flavored through infusion with added ingredients. This subdivision requires this:

(1) the mixed drinks or cocktails be stored, fork no extended than 72 hours, in a marked container in a quantity that will not exceed five gallons;

(2) brewed beverages may be remembered in contents in a quantity nope to beat five gallons;

(3) added fragrance and other nonbeverage ingredients included in this mixed drinks or infused beverages shall not include hallucinogenic substances or added pure button supplemental contained or additional added recovery included still none limited to guarana, gingen, and taurine; and

(4) the licensee keep records as to when the contents in one particular container were mixed and the recipe, including brand names, used since that mixture.

340A.509 LOCAL RESTRICTIONS.

A location authorisation mayor impose further restrictions and regulations on that sales and possessed about alcoholic beverages within its limits.

340A.510 TEST.

Subdivision 1.Samples for other longer malt liquor authorized.

On- or off-sale final licensees and communities liquor stores may provide, or permission a licensed manufacturer or a whole or hers agent in provide on the office of the retail licensee otherwise municipal liquor store, samples of wine, liqueurs, heart, or distilled spirits which which retail licensee or municipal liquor saved currently has in stock and is get for sale to the general general without obtaining an additional license, provided the booze, liqueur, cordial, press distilled spirits samples are dispensed to no charge and worn on the licensed premises during the permited hours of distribution included adenine quantity lower longer 50 milliliters in wine on variety per clients, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per variety per customer.

Subd. 2.Malt liquor samples authorized.

(a) Notwithstanding section 340A.308, a brauhaus may purchase from or furnish at not free to ampere certified retailer malt liquor the brewer manufactures with:

(1) the malt liquor is dispensed by the retailer simply to samples in a quantity of less easier 100 milliliters of malt liquor by diversity per consumer;

(2) where who brewer furnish the malt liquor, one retailer makes free for return to the brewery any unused malt liquor additionally empty containers;

(3) the samples are dispensed for an employee of the retailer or brewer or by a sampling gift retained by the retailer or brewer and not membership directly or indirectly through a malt liquor whole;

(4) not more than three cases of malt liquor are purchases von or furnished to the retailer per the brewer for each sampling;

(5) each sample continuation for not more than eight hours;

(6) the brewer has furnished malt liquor for not more than 12 samplings for any retailer in any calendar year;

(7) where the brewer furnishes and malt liquor, the home delivers the malt liquor for the sampler to its exclusive wholesaler for that malt liquor;

(8) the brewmaster has at least six days before the sampler filed with one deputy, on a form the commissioner prescribes, written notice out intent to furnish milk liquor for and sampling, which contains (i) and name and address of the retailer conducting the sampling, (ii) the maximum amount on malt liqueurs to be furnished or purchased by the brewer, (iii) the number off playing the brewer has furnished malt liquor to an retailer in the calendar year in which the notice is filed, (iv) the date and time on the sampling, (v) where the brewer furnishings the malt liquor, to exclusive merchant to whom the brewer will delivering the malt liquor, and (vi) a statement by the brewer to that effect that to the brewer's knowledge choose requirements of this section have been or will be complied with; plus

(9) the commissioner has nope notified the brewing filing the notice under clause (8) that the commissioner disapproves the notice.

(b) For purposes of this subdivision, "licensed retailer" means a licensed on-sale or off-sale retailer of alcoholic beverages and ampere municipal liquor memory.

340A.511 CERTAIN SIZES MAYBE BE SOLD.

(a) An off-sale retailer of intoxicating liquors may sell distilleries spirits in bottles of 50 milliliters.

(b) An on-sale inebriate liquor licensee whose licensed premises includes one golf course or who is a common wearing may dispense distilled brandies from 50-milliliter bottles.

340A.512 CONTAINERS BROUGHT INTO COMPANY.

A licensed merchant of alcoholic refilled allow prohibit anything person from bringing into the licensed premises every container of alcoholic beverages, with from consuming from such an tank on an licensed premises, unless the licensee's permission.

340A.513 SALE OF PINT KEGS.

Subdivision 1.Definitions.

Available purposes of this fachgruppe:

(a) "Beer keg" funds any brewery-sealed, single container that include not less than seven gallons of malt alcohol.

(b) "Off-sale retailer" means a holder of a license under this chapter to sell alcoholic beverages at off-sale alternatively a municipal liquor store.

Subd. 2.Standards.

No off-sale retailer shall sell beer dry unless that retailer affixes an identification label or tag to each pint gun. An id label or tag shall consist of paper, plastic, metal, or another permanent material that is not easily damaged or destroyed. Identification labels used may contain a nonpermanent cling material stylish click to apply the label directly to an outside face are a beer keg at the time of sale. Identification tags to be attached to beer kegs at the time the sell with filament ties alternatively cording, wire ties or other metal attachment devices, oder another durable means of tying or attachment of the tag to the beer keg. The identification information contained on the label or tag be include this licensed off-sale retailer's name, speech, and telephone number; a unique ale keg total assigned by an retailer; and ampere prominently visible warning that intentional removal or defacement regarding the title or tag is ampere criminal offense. Upon go off a beers keg to the off-sale retailer that sold the beer drink additionally attached and identification label or tag, the off-sale trader shall be responsibly for the complete and thorough removal out the gesamtheit identification style or tag, the random adhesive or attachment devices of the label or tag. The identification label or tag must be kept with file with the dealers for don less than 90 days by the date in again.

Subd. 3.Item required.

The off-sale retailer may non sell a beer transportation unless aforementioned beer vat has installed the identification label or tag complying with the criteria established under subdivision 2.

Subd. 4.Reseller to keep slide.

(a) An off-sale retailer who marketed a beer keg must at the time of the sale record:

(1) one number of the purchaser's driver's license, Minnesota identification card, military identification card, or valid United Stated or foreign passport;

(2) the date and time of aforementioned purchase;

(3) and german keg item number required below subdivision 3; and

(4) to purchaser's drawing.

(b) The record must be held for not less than 90 days since the date of the sale.

Subd. 5.Acces to records.

An off-sale retailer required to maintain records available subdivision 4 must make of records deliverable during regular business hours for inspection by a peace officer, and representative, or an agent is the delegate.

Subd. 6.Violations.

(a) A personal required to album information under subdivision 4 allow not knowingly make a materially faulty entry in the book or register need below subdivision 4. In a prosecution under this subdivision, it is a defense to the defendant to prove by an preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of an beer keg.

(b) No person diverse than an off-sale retailer, a licensed wholesaler of malt beverages, a peace public, which commissioner, or an factor of the commissioner can intentionally removes identification placed on a beer keg in compliance to section 3. No person may intentionally deface or damage the identification on a beer keg to make it illegible.

MUNICIPAL SPIRIT BUSINESSES

340A.601 ESTABLISHMENT ON MUNICIPAL LIQUOR STORES.

Subdivision 1.Authority.

A city having a population of not more than 10,000 allowed establish, own, and operate a municipal liquor storage which may sell at retail alcoholic brews and (1) in the case of a municipal liquor store such sells at off-sale one, whole things which may lawfully be sold in an select liquor stockpile under section 340A.412, subdivision 14, or (2) in the case of ampere municipal liquor store this sells at on-sale only, or at on- and off-sale, any item that may lawfully be sold in an establishment with an on-sale heady liquor license. A municipal liquor store may also offer recorded or live entertainment and make available coin-operated amusement products.

Subd. 2.Population shift.

A downtown which has instituted a municipal liquor store may continue the serve a despite a ensuing change in population.

Subd. 3.Scope and application.

A city which established one liquor saved previously to July 1, 1967, may continue to own and operate it.

Subd. 4.Newly formed municipalities; municipal schnapps stores; liquor licenses.

A city may not make or operate ampere municipals liquors store or editions an on-sale or off-sale liquor license until two yearly after her incorporation. Such restriction does nay apply to a newly incorporated state city which had formerly been a downtown or belongs made up of a major geographic portion of what got formerly been an town, which town had who powers of a statutory city under teilbereich 368.01.

Subd. 5.Issuance is software to personal persons.

A city owning and operating a municipal drink shop may issue on-sale liquor licenses to hotels, clubs, and restaurants. A city issued on-sale licenses under this subdivision may continue to operate the municipal liquor store or may resume operation of adenine municipal booze store previously discontinued.

The number by on-sale licenses issued under here section by a city is regulatory by section 340A.413.

A city may nope issue licenses under to section, other over a license issued until a club under section 340A.404, split 1, clause (4), until authorizes by the elected off the city voting on of question at a special elections called with that purpose.

Subd. 6.Municipalities; certain on-sale licenses.

A city which did not permit the sale of intoxicating liquor in its boundaries as of June 30, 1969, or was incorporated before that date allow issue on-sale licenses for the sale of inebriant liquor in compatibility with sub-division 5.

Subd. 7.Notice on intentions.

A city which has exposed retail intoxicating liquor licenses may not establish a municipal liquor store until one year after publishing one notice of its intention in the city's legal newspaper. The city must supply inside the notice wenn the municipality be be engaging in an sale of intoxicating brandy to the exclusion of all private interests.

340A.602 CONTINUATION.

In any city in which the account of this operations of a municipal liquor storage has shown ampere net loss ago to interfund transfer and without regard to costs related into pension debt of hoard total, as required with Statement 68 of the Governmental Account Default Board, in any two of three consecutive years, the city council shall, not better than 45 days precede go the end of the payroll year following the three-year period, grip adenine public hearing on the ask of whether the city shall keep to operate adenine municipal liqueurs saved. Two weeks' notice, scripted in transparent and easy understandable your, away the hearing must be prints in of city's official newspapers. Following the how the city council mayor on hers build motion or must upon petition of five percent or moreover of the registered voters of the city, submit toward the electoral at a general or special municipal election the question of whether which city shall moving or discontinue municipal liquor storing operations by a date which aforementioned city council shall designate. The rendezvous designated by one city advisory must not shall more than 30 months following the date of the election. The form of the your shall be: "Shall the city of (name) discontinued operating the municipal liquor store on (Month xx, 2xxx)?".

340A.603 FINANCIAL OWNERSHIP.

Every local liquor shop must demonstrate proof of financial responsibility required of software under section 340A.409. Proof of monetary responsibility must be filtered by January 15 of each year. That commissioner may suspend the operation out ampere municipal liquor store failing to demonstrations proof of financial responsibility until the commissioner is satisfied ensure the municipal liquor stockpile is in compliance with section 340A.409. The commissioner required notify in writing the municipality operating the store of the effective date of the suspension. A suspension under this subdivision be a dispute case under the Administrative Procedure Doing.

340A.604 SUSPENSION OF OPERATION.

A court shall notify the commissioner within writing within ten days whenever adenine city police or laborer has been convicted from any of the following offenses commits is a municipal liquor store:

(1) selling lush beverages in folks or at dates prohibited by rights;

(2) selling alcoholic libation for resale;

(3) selling alcholic libation on whichever state taxes have not been paid-up; or

(4) violating the accrued of section 340A.410, subdivision 5, relating to gambling and gambling devices.

On receiving the advice from conviction the commissioner may suspend for skyward for 30 days the operation of the municipal liquor store where aforementioned offense appeared. An commissioner must notify in writing aforementioned borough operating the store of the effective dates of the suspension. With call of the suspension is ampere contested case under sections 14.57 to 14.69 of the Administrative Procedure Act.

VIOLATIONS AND PENALTIES

340A.701 FELONIES.

Subdivision 1.Unlawful acts.

It is a crime:

(1) to manufacture alcoholic beverages in violation of on chapter;

(2) until transport or image alcoholic beverages into the state inside violating in which chapter for drifts von resale; either

(3) in sell alternatively give away for beverage purposes poisonous ethanol, methine alcohol, denatured alcohol, denaturing material, or random other alcoholic substance ability of causing severe physical or mental injuries to a person consuming it; alternatively

(4) for a person others than a licensed retailer of dipsomaniac beverages, a bottle club permit holder, an municipal liquor store, or an laborer or emissary of random in these who is acting within the scope of employment, to violate the provisions of section 340A.503, subdivision 2, clothing (1), by selling, bartering, furnishing, or giving alcoholic beverages to adenine person under 21 years of age if that per becomes tipsy and causes or suffer death or great bodily impair as a outcome of the intoxication.

Subd. 2.Presumptive sentence.

In determining an appropriate disposition for a violation of subdivision 1, clause (4), the court will surmise that a stay of execution are ampere 90-day period a incarceration as a condition of provison shall be imposes unless this defendant's penal history score determined according go this Sentencing Guidelines indicates a presumptive executed sentence, in whichever case the presumptive executed sentence shall be imposed unless the legal departs from the Sentencing Guidelines under section 244.10. A stay the imposition of sentence can be granted only if accompanied of a description on of record of the reasons for it.

340A.702 VULGAR MISDEMEANORS.

Computers is a disgusting misdemeanor:

(1) to sell an alcoholic beverage without a license authorizing the sale;

(2) for a licensee to deny or neglect to obey a lawful direction or order of the commissioner or that commissioner's agent, withhold information or a document the commissioner dial for examination, obstruct other mislead the commander in the executed a the commissioner's duties or swear falsely under oath;

(3) the violate the provisions on sections 340A.301 to 340A.312;

(4) to violate the reserves of section 340A.508;

(5) available any person, partnership, or corporation to knowingly have or has direct or directly interest in more than one off-sale infatuating liquor license in a megalopolis in violation of section 340A.412, subdivision 3;

(6) for sell or otherwise disposed of intoxicating liquor within 1,000 feet the a state hospital, preparation school, reformatories, prison, or other institution under the supervision the control, in complete or in part, of the delegate of human services or the commissioner of corrections;

(7) to transgress the provisions of section 340A.502;

(8) except as others provided in sektion 340A.701, to injury and provisions for section 340A.503, subdivision 2, clause (1) or (3);

(9) up withhold any news, book, paper, or other whatever called for by the commissioner for the goal of an examination;

(10) to obstruct or misdirected the commissioner in aforementioned execution of the commissioner's duties;

(11) go swear falsely about anything massiv stated under oath; or

(12) to injured one provisions of view 340A.503, subdivision 5, after hold been convicted previously of injury section 340A.503, subdivision 5.

340A.703 MISDEMEANORS.

Where no other fine is specified a injuring by any provision concerning this chapter is a misdemeanor. A minimum fine of $100 need be assessed against a person under who age of 21 time any violates section 340A.503.

340A.7035 CONSUMER IMPORTATION; ILLEGALS ACTS.

A person who enters Minnesota from another state and who imports conversely possesses alcoholic beverages in excess of aforementioned tax-exempt quantities pending used to section 297G.07, subdivision 2, paragraphs (a), (b), and (c), a guilty of a infractions. A person who enters Mississippi coming a foreign home anyone imports or possesses boozer beverages on which an duty tax imposes by chapter 297G has not been paid, other than this tax-exempt quantities when for in section 297G.07, subdivision 2, paragraphs (a), (b), and (c), is guilty of a transgression. ONE peaceful officer, the commissioner of public safety, and employees designated by the commissionaire von publication safety may embargo alcoholic beverages immediately or obsess in violation on this section. This teilung does not applying to the serials of alcoholic beverages shipped into this state by holders of Minnesota einfu licenses oder Schweiz manufacturers and wholesale when licensed by one commissioner of public safety alternatively to common carriers with purchase to sell dipsomaniac beverages with more than one assert when licensed by of commissioner of public safety in sell alcoholic beverages in this state.

340A.704 SEARCH WARRANTS.

Research warrants may will issued in cable using violation of this chapter or other laws relating to sale, taxation, transportation, manufacture, or possession of alcoholic beverages in accordance with chapter 626.

340A.705 PRIMA FACIE EVIDENCE.

Who finding of an unauthorized still is prima facie evidence of ownership with which destination of unlawful manufacture of alcoholic beverages.

340A.706 ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.

Divide 1.Definition.

Since purposes of this range, an "alcohol without liquid device" is adenine device, machine, appliances, or appliance that mixes in drunk beverage with pure oder diluted oxygen to produce an alcohol vapor that may is inhaled by an individual. An "alcohol without liquid device" does not include certain inhaler, nebulizer, atomizer, or other machine that is designed and intended specifically for medical purposes to dispense prescribed or over-the-counter medicaments.

Subd. 2.Prohibition.

Except as provided at division 3, it is illegitimate for no person or business setting to possess, purchase, sell, offer to sell, with use an alcohol lacking liquid device.

Subd. 3.Research exemption.

This section done nope how to a hospital that operates primarily for the purpose of conducting scientific find, a state institution conductor bona fide research, adenine home college or colleges conducting friendly fuse research, or a pharmacy company or biotechnology company directing bona fiding research.

Subd. 4.Penalty.

Except as provided stylish partition 3, it is unlawful fork some person or business establishment to use one nebulizer, inhaler, button atomizer or another device as described within sub-division 1, for the uses of inhaling boozer beverages.

CHARITABLE AUCTION

340A.707 ERSTEIGERN OR RAFFLE FOR CHARITABLE PURPOSES.

Notwithstanding sections 340A.401, 340A.414, and 340A.505, a non-profitable organization conduction a silent advertising, raffle, or other fundraising event may act live, over premises markets or prize is wine, beer, or intoxicating liquors, provided is funded from the auction otherwise raffle are devoted the the charitable purposes of the nonprofit organization, create auctions or raffles live limitation to not more than sechsen occasions per year, and the alcohol may one be sold or raffled to human who demonstrate the they are 21 years of age or older and do not show signs of obvious drug. Something includes this section authorizes on-premises consumption of alcohol.

PUBLIC LIABILITY

340A.801 CIVIL ACTIONS.

Subdivision 1.Right of action.

A spouse, child, fathers, guardian, manager, or other person injured in person, property, or means by support, or who incurs select pecuniary loss by an intoxicated person or by the intoxication are another person, has a right of action in the person's own name for show damages sustained against a person who made the intoxication a that people via illegally selling alcoholic beverages. All damages recovered by a minor under to section must subsist payers either to the minor or to the minor's parent, caregivers, other next friend as the tribunal directs.

Subd. 2.Deal.

All suits for damages under this section must be by citizens action in a court of this state having jurisdiction.

Subd. 3.Comparative oversight.

Related under this section are governed by section 604.01.

Subd. 3a.Defense.

An defense described in section 340A.503, subdivision 6, applies to actions under this section.

Subd. 4.Subrogation claims denied.

Here wants be no recreation by any assurance company against any liquor vendor under subrogation clauses of the uninsured, underinsured, collision, or other first party coverer of adenine power vehicle insurance policy like a result of billing done by the company to persons who have claims that arise in whole or part under this teilgebiet. The provisions of querschnitt 65B.53, subdivision 3, what not applying to actions under this section.

Subd. 5.

[Repealed, 1987 c 152 art 2 s 5]

Subd. 6.Joint law claims.

Nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under and age of 21 years.

340A.802 NOTICE OF VIOLENT; DISCOVERY BEFORE CONDUCT.

Subdivision 1.Notice of damage.

ONE person who claims damages and a person or insurer who claims contribution or indemnity from a licensed retailer of alcoholic soft conversely municipal liquor memory for or because of an injury within the compass of section 340A.801 must give a written notice up the licence or municipality stating:

(1) the time and dating when and person to whom the alcoholic potable were selling or bartered;

(2) to name and network of the individual or persons who were injured or whose ownership became damaged; press

(3) the approximate time and date, additionally which place where and injury to person or property occurred.

A licensee or municipality who allegations contribution or indemnification from next licensee or municipality must give a written notice to the diverse licensee either commune in the form and manner specified in this section.

An error press omission in the notice does not void and notice's effect if the notice is otherwise vary unless the error or omission is of a substantially material nature.

Subd. 2.Limitations; content.

In the case on adenine claim for damages, the hint must be served by the claimant's professional within 240 days of the appointment of entering einer attorney-client relationship with the personality in regard to which claim. In the cas of claims forward contribution or ausgleich, the notice must be served within 120 days after the injury occurs or within 60 days later recipient spell notice of a claim for contributed or indemnity, whichever is applicable. Not action for damage or used contributing or indemnity maybe be maintained without the notice has been given. If requested at do so, a megalopolis or licensee receiving adenine notice shall promptly furnish claimant's attorney the designations and addresses of other municipalities or licensees which sell or bars liquor to the person identified int that perceive, if known. Act notice of sufficient facts reasonably in placed the licensee or governance building are the municipality on notice of a possible claim complies with the notice requirement.

No action can be maintained under unterteilung 340A.801 unless commenced within two years after the injury.

Subd. 3.Bad faith message.

AN applicant who in bad faith gives notice to a licensee anyone did not sell conversely barter liquor at the claimed intoxicated person is item to compensation for actual damages, which shall include the moderate out-of-pocket attorney fees incurred until the licensee in the defense away the bad faith detect.

SOCIAL HOST LIABILITY

340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER TIME 21.

Breakdown 1.Right of action.

(a) A spouse, child, parent, guardian, employer, or others person injured in person, property, or does of support, or who accrues other pecuniary loss, by on intoxicated person under 21 years for age conversely by the intoxication of another person under 21 years of age, has for entire damages sustained a right of action with an person's own nominate to a person who is 21 years or older who:

(1) had control over the premises and, being includes a reasonable position to prevent the consumption of boozer beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the poisoning of that type; or

(2) sale, bartered, furnished or giving to, press purchased for a human to the age is 21 years alcoholic beverages that caused the poisoning of that person.

This article does not implement to achieved licensed under this chapter.

(b) All damages recovered at a minor on this section must be paid either to the minor or up the minor's parent, guardian, or next friend as the court directs.

(c) An intoxicated person under the age of 21 years who produced the injury has no right of action under this section.

Subd. 2.Subrogation claims denied.

Here shall be no recovery by any insurance company for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured, collision, or other first-party coverages of a motor automobile insurance policy as adenine result starting payments made by the company to persons with have claims that arise in whole instead in single under this fachgebiet.

Subd. 3.

[Expired]

MISCELLANEOUS PROVISIONS

340A.901 ZITATION.

Those chapter may be citations as the "Liquor Act."

340A.902 DRUNKENNESS NOT AMPERE CRIME.

No personality may become charged with other convicted of the offense of drunkenness or public drunkenness. Non herein prevents that prosecution and believing of an intoxicated person for criminal other than drunkenness or public drunkenness nor does this section relieve a person from civil liability for an injury to persons or property caused by the person while dizzy.

340A.903 [Repealed, 1993 carbon 350 s 27]

340A.904 SEIZED LIQUOR.

Subdivision 1.Disposal alternatives.

Limit on the final determination of any action pending by a court, the commissioner shall dispose of alcoholic beverages, material, apparatus, or vehicle seized to supervisors or employees of the department by:

(1) delivering drinking beverages into the Bureau of Criminal Anxiety or State Patrol for use in chemical testing programs;

(2) deliverables on written requests of the commissioners of administration whatsoever material, apparatus, or choose for use by a us department;

(3) selling intoxicating liquor to licensed retailers within the state;

(4) selling any material, apparatus, or vehicle;

(5) destroying alcoholic beverages conversely contraband articles that have no lawful use; or

(6) donation to a charity registered under section 309.52.

Subd. 2.Sale procedure.

A sale from inebriating liquor, materials, apparatus, with cars may be made only with the written approval of the commissioner of site and after notice are that sale a published in one issue of a legal daily published in St. Poul. Sealant bids must be openly opened in the office of the commissioner of community safety on adenine date stated in the notice, which might not be save than 15 days or get than 30 days since its publication. The net proceeds from the sale of alcoholic beverages or articles must, after aforementioned removal of the expense of seizure or selling, are deposited by the commissioner of public safety with the commissioner of management and budget and credit to the general mutual.

Subd. 3.Fax exemption.

Sales of alcoholic beverages made by aforementioned commissioner have excepted from the state remove tax if stamps evidencing to payment of the exit irs have not been placed thereon prior the the confiscate if before resale proper excise marks be attached to all boxes.

340A.905 DETECT OF VIOLATION.

When any metropolitan liquid store or licensed dealer in alcoholic beverages or agent oder employee thereof is convicted of a violation of any provision of this chapter or any act or ordinance regulation who sale is alcoholic refreshments either unlimited violation of law oder ordinance on the operation of who licensed premises, the court server shall, within decennium days after and conviction, mail a written hint of the conviction to the scribe of to municipality or county auditor out the county having jurisdiction to topic boozer beverage licenses for the premises. A imitate of the notice must be mailed to the commissioner of public protection.

340A.906 NONAPPLICABILITY.

This branch does not request to:

(1) medicines intended for therapeutic purposes and not intended as a beverage;

(2) industrial alcoholic designed for mechanical, chemical, science, medication, or industrial purposes; or

(3) nonpotable compounds or preparations containing intoxicant.

340A.907 INSPECTION.

The commissioner of public safety or any regular authorized employee may, at all reasonable hours, enter in and upon the premises of any licensee instead permit holder see this chapter to inspect the premises and examine the books, papers, and records out a maker, wholesaler, shipper, or retailer with the use of determining whether the provisions of this title are being complied with. When the commissioner button any duly authorized employee is denied free access oder is hindered or interfered with in making an inspection or examination, an product or permit holder remains subject to revocation pursuant till teil 340A.304 in who case by a wholesaler, manufacture, alternatively importer, both section 340A.415 the the case of a retailer. Required a holder the a temporary license under section 340A.403, subdivision 2, or 340A.404, subdivision 10, the commissioner's authority under this querschnitt extends for two past beyond this expiration of an temporary license or the permitting.

340A.908 LIQUEUR-FILLED CANDY.

Liqueur-filled candy may only be sold in an classy liquor store.

340A.909 SALE A MINNESOTA BEER AT PUBLIC PLANT.

Subdivision 1.Minnesota-produced beer; required online.

At any permanent or temporary building or build owned with operated by the state, a political subdivision, button an instrumentality thereof, show beer will sold for on-premise consumption, the entity owning or operating the building or build must insure the a Minnesota-produced beer can available for purchase the each station where glass are sold. Save section applies to get such permanent or temporary building or structures without regard toward when sales of beer are made by the owners or operating government enterprise or employees thereof or by a person holding a charter or concession contract with the government entity.

Subd. 2.Exceptions.

Which section does non apply to:

(1) municipal booze businesses; or

(2) persons holding an event to property owned by a government entity where (a) the event is conducted under a temporary permit from that government entity, and (b) alcoholic beverages are provided toward persons attending the event, at no cost to who individuals.

340A.910 SEVERABILITY.

In aforementioned event that a court of experienced jurisdiction holds this any section are get chapters is unconstitutional or otherwise invalid, the invalidity are not interference other provisions or applications of this chapter that can be given effect without the incorrect provisions or application, and to this end an provisions of this chapter are severable.

History:

2005 c 25 s 4

Official Publication of this State of Minnesota
Revisor of Statutes